Senate Invokes Return Rule Before Leaving for Recess

The federal Judiciary has more judicial vacancies now than at any time since 1997. Vacancies stand at 107, and have remained over 100 since May. So far in the first session of the 107^th Congress, the Senate has confirmed four judicial nominations, two on the courts of appeals, Judge Roger L. Gregory (4th Circuit) and Judge William J. Riley (8th Cir.), and two on the district courts, Judges Richard F. Cebull and Sam E. Haddon, both for the District of Montana.

On the day before Congress was to begin its August recess, the White House sent 18 nominations to the Senate for its consideration, bringing total judicial nominations to 40, split evenly between the courts of appeals and the district courts.

However, on the same day all nominations pending before the Senate were returned to the President under Rule XXXI, paragraph 6, of the Standing Rules of the Senate. This Rule states, "Nominations neither confirmed nor rejected during the session at which they are made shall not be acted upon at any succeeding session without being again made to the Senate by the President; and if the Senate shall adjourn or take a recess for more than thirty days, all nominations pending and not finally acted upon at the time of taking such adjournment or recess shall be returned by the Secretary to the President, and shall not again be considered unless they shall again be made to the Senate by the President." An attempt to obtain unanimous consent to the rule failed and all nominations were returned to the White House.

After the Senate returns on September 4, 2001, it is expected the White House will again offer its nominees. For the time being, there are no judicial nominees, or other executive branch nominees, pending before the Senate.

Public Opinion: Greater Confidence in Supreme Court

A 2001 Gallup Poll indicates Americans' confidence in the Supreme Court of the United States grew over the past year, to the highest it has been since 1988. In a survey taken in early June 2001, 50 percent of the participants said they had "a great deal" or "quite a lot" of confidence in the Supreme Court. The presidency inspired that level of confidence in 47 percent; the Congress in 26 percent. In a survey taken in June 2000, 47 percent of those asked voiced "a great deal" or "quite a lot" of confidence in the Court. Survey Source: The Gallup Organization, Confidence in Institutions, June 8-10, 2001