Russell Wheeler

Russell has been with IAALS from the first moment. He came to us at the recommendation of Judge Richard Matsch of the Federal District Court in Denver. Russell had just left his position as Deputy Director of the Federal Judicial Center and joined the Brookings Institution’s Governance Studies Program. Judge Matsch told me that if we could get Russell on our Board, we would have won the lottery. And indeed, we did. Russell has been our secret weapon—our empirical conscience. 

This year marks the 10th anniversary of IAALS’ work to continuously improve America’s legal system and reestablish it as the aspirational model for justice globally. To mark this milestone, IAALS celebrates both its accomplishments and its bright future, all while tackling the most critical issues of the day. Having a trusted and trustworthy legal system is essential to our democracy, our economy, and our freedom. IAALS staff, founders, partners, sponsors, and advisors all recognize that to earn that trust, the legal system must be just, impartial, and responsive.

Recent national media coverage paints a highly positive picture of the current pace of federal judicial nominations and confirmations. After all, 2014 has seen 50 confirmations so far, compared to 43 in all of 2013 and 48 in 2012. Not so fast, says Russell Wheeler, an IAALS Board Member and Visiting Fellow at the Brookings Institution. The outlook has improved, but according to Wheeler, a case can be made for a more cautious assessment.

The U.S. Senate voted 52 to 48 to change its rules regarding use of the filibuster to block votes on nominees to the lower federal courts and executive branch positions. The immediate impact of this development will be to allow votes on three nominees to the U.S. Court of Appeals for the D.C. Circuit whose appointments Republicans have blocked. Writing for CNN.com, IAALS Board of Advisors member Russell Wheeler suggested that the three will be confirmed "but at a cost."

A recent study by IAALS board member Russell Wheeler analyzes the politics behind the high number of judicial vacancies without nominees. Wheeler examines judicial nominations during the Obama administration and hypothesizes that delays from the White House, combined with tensions between the political parties, are responsible for the high number of long-lasting, nominee-less judicial vacancies and to the longer periods between vacancy and nomination.

The Denver Post reports that the U.S. Senate Judiciary Committee will hear Raymond Moore's nomination today for the U.S. District Court for the District of Colorado. The slow pace of the judicial nomination and confirmation process, normally bogged down by partisanship, may have relented for Moore, who will be considered in the first group of confirmation hearings.

In mid-November, President Obama nominated Raymond P. Moore, a federal public defender, for a vacancy on the United States District Court of Colorado, which will open with the new year. Despite the fact that the process by which Moore was nominated mirrors versions used by twenty-one other states, there is concern that he may face a lengthy confirmation period, which has become a trend during Obama’s presidency.

Invoking what is known as the “Thurmond Rule,” Senate Minority Leader Mitch McConnell announced that no votes would be allowed on nominees to the federal courts of appeals until after the November election. Nominees to the district courts will continue to be considered until at least early September.

IAALS board member Russell Wheeler was interviewed for this article, which focused on a federal judicial selection process in which President Obama has been slow to nominate and the Senate has been slow to confirm federal judges.

This week, Justice at Stake's Gavel Grab featured a guest post by Malia Reddick and Russell Wheeler on the recently released second edition of "Options for Federal Judicial Screening Committees."