The "Hold" on Kavanaugh

By AndrewHyman Posted in Comments () / Email this page » / Leave a comment »

As mentioned previously, Bench Memos is reporting that "this hold [on Kavanaugh] has something to do with the longstanding dispute over whether the D.C. Circuit needs 12 active judges." However, it seems that 28 USC 44 is pretty clear:

The President shall appoint, by and with the advice and consent of the Senate, circuit judges for the several circuits as follows . . . . District of Columbia 12 . . . .

This imposes a maximum number of 12 judges, not 11.




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