Federal Circuit Courts are flailing ---- a lack of judges, increasing caseloads, and no reforms in sight.

There is an immediate and most pressing need for additional judges… In many places, this failure is throwing a burden on judges which they are not able to bear. If it were not for many of the retired judges who continue to serve so faithfully, we would, indeed, be in a terrible condition. Scholars and practitioners alike have noted the high increase in judicial caseloads and the relative lack of proportional increases in judicial positions. While the quote above could be easily attributed to a modern jurist, it was actually delivered in 1959 by Chief Justice Earl Warren. This quote, from over 50 years ago, remains highly relevant in today’s discussions of the federal courts and represents an often-heard complaint by those involved in the legal process–the increase in judicial workload without a corresponding increase in personnel poses significantly negative consequences for the judiciary. In addition to the relative lack of new judicial positions, particularly at the circuit court level, the confirmation process, even for lower court appointments, has become more tedious, particularly in terms of the personal scrutiny placed on the nominees. As well as the more personal nature of the modern hearings, the nomination process has become a longer ordeal based on the delay of lower court confirmations.