George Washington University law professor Jonathan Turley said Tuesday that unfilled federal court vacancies threaten President Donald Trump’s long-term legal legacy.
As of Feb, 1, the U.S. Courts’ Administrative Office reported 42 judicial vacancies across the federal judiciary, with eight nominees pending before the Senate. Turley said filling district court seats—particularly in Republican-led states—would help prevent the judiciary from drifting left and reduce case backlogs that leave challenges lingering for years.
“This is going to be one of Trump’s main legacies. If he can fill these slots, he can guarantee that this court system is not going to move dramatically to the left. The court system is the priority of the left,” Turley said when host Laura Ingraham pointed out that opponents use prolonged litigation and forum-shopping to slow or block Trump’s immigration policies.
Ingraham pressed Turley on why key judicial seats remain open in Republican-led states, saying the gaps limit the pool of judges who can hear challenges to administration policies and leave the president hobbled despite GOP control of the Senate.
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“I can’t. I can’t because usually there is a sprint to the midterm elections,” Turley said, adding he could not explain why judicial nominees have not moved more quickly despite the typical pre-midterm push and mounting backlogs in federal courts.
Turley said the traditional pre-midterm push to confirm judges has broken down and added that continued delays leave district courts overwhelmed and the justice system strained. (RELATED: Judge Disqualifies U.S. Attorney Probing Letitia James’ Cases Against Trump, NRA)
“This is the time you can move these nominations. And so you’re not getting this. There’s a lot happening on the Hill. The Democrats have been very good at obstructing efforts, but this should be the priority,” Turley said. “Keep in mind that district courts are overwhelmed. Their dockets are ridiculous. The cases are pending for years, and you can’t run a justice system like that. We need these judges. But obviously there’s a concerted effort to avoid that and delay that at all costs.”
There has been a recent leadership gap across the federal justice system, including in Virginia, where questions over appointment authority have disrupted prosecutions and forced courts to intervene. In January, federal judges posted a job application to replace Lindsey Halligan as U.S. attorney for the Eastern District of Virginia after a court ruled her appointment unlawful, prompting Chief U.S. District Judge M. Hannah Lauck to order the vacancy publicly advertised.
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