In January, the White House announced that it was withdrawing the nominations of three controversial federal appellate court nominees. Each nominee had failed to attain confirmation while the Republican Party controlled the U.S. Senate, and once the Democratic Party assumed control of the Senate, the chances that these nominees would achieve confirmation decreased from slim to none.

With these latest withdrawals, the number of federal appellate court nominees for whom the Bush administration has failed to attain confirmation for lifetime seats on the bench increases to seven. What is even more significant, however, is that there are now 17 vacancies on the federal appellate courts, but the Bush administration currently has pending only five nominations to fill those vacancies.

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