At the end of President Obama’s first term, there were 77 vacancies on the federal bench, or almost 9 percent of total judgeships, with 33 nominations pending. The average time it took for a candidate for appellate or trial court to go from nomination to confirmation during Obama’s first term was more than seven months, over 2 months longer than President George W. Bush’s and more than double President Clinton’s. Total judicial vacancies increased by 51 percent in the last 4 years; there were 55 when Obama took office.
The lame duck Senate confirmed 13 district court judges in December, but Obama’s total confirmation rate was only 75 percent, compared to 88 percent for President George W. Bush four years into his presidency and 83 percent for President Clinton. Over 95 percent of Bush’s nominees were eventually confirmed. Some liberal critics of the President’s nomination process agree that by one measure, he has met expectations. During his first term, Obama named to the bench a higher share of women (44 percent) and a higher share of minorities (37 percent) than any president before him.