Because the U.S. Court of Appeals for the D.C. Circuit resolves many appeals from federal agency determinations that substantially affect U.S. citizens’ health, safety and welfare and crucial matters related to national security, numerous observers have characterized the tribunal as the nation’s “second most important court.” Indeed, President Barack Obama, as a senator, remarked that the “D.C. Circuit is widely viewed as the second-highest court in the land.” When the president was inaugurated, two of the 11 D.C. Circuit judgeships experienced vacancies. Yet, 18 months later, he has nominated no one for either opening. Thus, Obama must promptly nominate, and the Senate must expeditiously confirm, outstanding nominees for those vacancies.
The D.C. Circuit is the court of last resort for 99% of appeals from the U.S. District Court for the District of Columbia, a number of which contest agency actions, such as public land use decision-making, throughout the United States. The D.C. Circuit is also the final stop for a similar percentage of the many direct appeals that Congress authorizes from adverse agency determinations in critical areas, including environmental, labor, communications and civil rights law. The court is pivotal to nearly all federal regulation, playing a role that equals or eclipses that of the Supreme Court because, for instance, most challenges to environmental rules are in the D.C. Circuit. The Supreme Court actually reviewed only one D.C. Circuit appeal in the 2008-09 term. Openings in two positions can impede speedy, inexpensive and equitable disposition.
