As congressional machinations intended to resolve the worst economic crisis since the Great Depression transfixed the nation, the Senate took a little-noticed, but extraordinary, action. Senators unanimously confirmed 10 federal district court nominees, even though the Senate has traditionally approved few judges after Labor Day in presidential election years. This action left the federal bench with the lowest vacancy rate in two decades, even though allegations and recriminations, partisan divisiveness and paybacks have troubled judicial appointments over that period.
Charges and countercharges as well as partisan infighting have attended the choice of judges since the 1980s mainly because one party has controlled the White House, which nominates candidates, and the other party has possessed a majority in the Senate, which confirms nominees. Democrats have accused President George W. Bush of forwarding ideologically conservative nominees, who are not consensus choices, and of refusing to consult senators from the states in which vacancies arise before tapping nominees. Republicans have alleged that Democrats have not promptly investigated Bush nominees or expeditiously scheduled Judiciary Committee hearings and votes as well as Senate floor debates and votes.
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