As the 112th Senate returns from its summer recess in this presidential election year, this is an ideal moment to evaluate federal court judicial selection. The bench has 77 vacancies among the 858 appellate and district court judgeships. The openings first reached 90 in August 2009 and have since remained near that number.

These unoccupied positions, which comprise 9 percent of the seats, undermine prompt, economical and fair case resolution. Thus, President Barack Obama must swiftly nominate, and the Senate should expeditiously confirm, judicial nominees, so the courts can deliver justice.