ADL Resolution on Judicial Vacancy Crisis
As adopted at ADL’s Annual Meeting, November 17, 2012 in Chicago, Illinois
Posted: November 20, 2012
Whereas, efforts to “secure justice and fair treatment for all” constitute a fundamental aspect of
the Anti-Defamation League’s historic mission; and
Whereas, federal judges can have a dramatic impact on such ADL priorities as religious liberty,
due process, civil and human rights, and national security, and
Whereas, under our Constitution’s system of checks and balances, the Senate of the United
States has a constitutional role in the process for judicial appointments, and federal judges may
serve only if the Senate gives its “advice and consent” to the selection; and
Whereas, the current number of federal judicial vacancies is large and growing, and the amount
of time needed for nominees to win confirmation is rising dramatically; and
Whereas, Senators have used procedural and parliamentary practices – including withholding
blue slips, walk-outs, and filibusters – to delay or prevent floor votes for mainstream, wellqualified nominees; and
Whereas, recent practice has made filibustering much easier by not requiring the filibustering
Senator’s physical presence in the Senate, and as a result the use of the practice has increased
dramatically since 2007; and
Whereas, delaying or preventing otherwise well-qualified nominees from receiving a Committee
hearing or a Senate floor vote undermines the merit-based selection system and causes
unnecessary and harmful backlogs in the justice system, delaying or denying justice to litigants;
and
Whereas, Chief Justice Roberts, in his recent 2011 “Year-End Report on the Federal Judiciary,”
reaffirmed the importance of an independent judiciary, stating that a judge “should not be
swayed by partisan demand, public clamor or considerations of personal popularity or notoriety,
nor be apprehensive of unjust criticism;” and
Whereas, ADL strongly supports a balanced judicial nominations and confirmation process that
maintains the integrity of the judicial appointment process and the independence of judges;
Now, Therefore, be it Resolved that the Anti-Defamation League reaffirms its existing policy to
urge both political parties to take every step to avoid politicization of the judicial nomination and
confirmation process and to call upon the leadership of the Senate Judiciary Committee and the
Senate to more expeditiously exercise their Constitutional responsibilities to address the serious
problem of Federal judicial vacancies; and
Be it Further Resolved that the Anti-Defamation League opposes the use of procedural and
parliamentary practices (including withholding blue slips and filibusters) to delay or prevent the
confirmation of nominees who are deemed well-qualified by appropriate bar associations.
Adopted by the National Commission
November 2012