Monday, June 25, 2007

What's happening with Fourth Circuit nominations??

In the National Law Journal, Carl Tobias argues that Dubya best get moving on Fourth Circuit appointments.

Active judgeships are premised on conservative case- and workload estimates. A court might briefly operate well absent a third of its members, but five openings will exact a toll. The pressure will intensify on the judges to resolve promptly, economically and fairly 5,300 annual filings. Indeed, the 4th Circuit now grants published opinions at the smallest rate (8%) and oral arguments at the next lowest (12%), which are crucial measures of appellate justice, although it continues to decide cases as fast as the 11 other tribunals, requiring only an average of 9.5 months. However, the court will reach a tipping point and find that the quality of justice is declining.

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