Senator Patrick Leahy and his allies have been trying since 2003 to reinforce federal judges. Their latest effort, the Federal Judgeship Act of 2009, would add 63 permanent appellate and district judges nationwide. The odds may still be against them.
On Wednesday, the senior ranking Republican on the Senate Judiciary Committee -- Sen. Jeff Sessions of Alabama -- reiterated his opposition to the judgeship effort. Sessions, who was once famously denied his own bid to join the federal bench, questioned both the need and the cost. He cited estimates that the new judges would cost $75 million in the first year, and upwards of $60 million a year after that.
"I'm just telling you, we don't have the money," Sessions said at a hearing of the Senate subcommittee on administrative oversight and the courts.
Other reasons, too, may contribute to the resistance. Carl Tobias, a law professor at the University of Richmond, noted that "poisonous partisanship" has been involved. After all, the minority party may be loath to create bench openings to be filled by a president with whom they disagree.
True, the number of civil cases filed in federal court jumped 4 percent to 338,153 last year, and the number of federal criminal cases likewise increased 4 percent to 70,896. And true, federal judges in the Eastern District of California -- meaning Fresno and Sacramento -- have an average weighted caseload of 1,095, more than twice the national average. And, true, the judgeship bill in classic logrolling fashion includes new permanent judge positions in 12 different states. Nonetheless, no Republican yet co-sponsors the bill and from the sound of things Wednesday, it may be a while before any does.