On Dec. 6, 2015, President Barack Obama nominated Ronald Russell, a longtime public servant and private practitioner in Utah, for a judicial vacancy for the District of Utah. Russell is a well-qualified, mainstream nominee who enjoys the powerful support of Utah Republican Sens. Orrin Hatch and Mike Lee. The Senate Judiciary Committee approved Russell on May 19 without dissent. However, the nominee has languished on the floor ever since, principally due to GOP leaders’ refusal to allow his confirmation debate and vote. Because Ronald Russell is an experienced, consensus nominee and the District of Utah needs this vacancy filled, the Senate must promptly conduct his final debate and vote.
The district currently has one vacancy in five active judgeships. This means that the court lacks 20 percent of its active judicial complement, which frustrates efforts to promptly, inexpensively and fairly resolve disputes. Because criminal prosecutions receive precedence under the Speedy Trial Act, litigants participating in civil suits experience difficulty securing trial dates and concluding their litigation. Resolving cases without a fifth of the judgeships authorized correspondingly places increased pressure on the court’s judges.
When the president nominated Russell, he praised his excellent legal career, voicing confidence that he would “serve the American people with integrity and a steadfast commitment to justice.” The White House press release observed that Russell has been an attorney at the excellent Parr Brown firm over three decades and served as the mayor of Centerville from 2006 to 2013.
However, the Judiciary Committee only conducted Russell’s hearing on April 20. The Utah senators introduced him at the session, praised Russell’s strong qualifications, and called for prompt Senate confirmation. That hearing proceeded smoothly, and the senators who asked questions seemed satisfied with Russell’s responses. On May 19, the panel approved him on a voice vote with little discussion and no controversy.
Since May, Russell has languished on the floor awaiting a final debate and vote. Senate GOP leaders have maintained that they are returning the upper chamber to “regular order.” Nonetheless, Russell and many other highly qualified, moderate nominees have waited months for debates and votes. Sens. Hatch and Lee have requested a swift floor ballot, yet Mitch McConnell (R-Kentucky), the majority leader, has failed to arrange it. Several Democratic senators have sought unanimous consent to vote on many district nominees who need final votes, but Republicans have objected. If the GOP follows regular order, Russell will apparently receive a floor ballot soon. However, in late September, the Senate left to campaign until after the November elections.
It is past time for the Senate to vote on Ronald Russell. He is a strong, consensus nominee whom both Utah senators support. Moreover, the district must have all of its active judges to deliver justice. The district’s judiciary as well as individuals and businesses litigating in federal court deserve a full bench, while Russell merits a final vote. Thus, senators must conduct Russell’s debate and vote when they return for the November lame duck session.
Carl Tobias is the Williams Chair in Law at the University of Richmond.