The circuit's eight sitting judges are divided evenly between Democratic and Republican presidential appointees. Three seats are vacant.
“They have decided that their base demands a permanent campaign against the president and maximum use of every tool available,” said Democrat Sen. Jeff Merkley, a leading advocate of revamping filibuster rules that have been used a record number of times during the Obama presidency. He said Republican tactics are “trumping the appropriate exercise of advice and consent.”
Republicans said they are weary of repeated Democratic threats to rewrite the rules. They say Democrats similarly obstructed some of President George W. Bush's nominees and argue that the D.C. Circuit's caseload is too low, which Democrats reject.
