A Crisis in Justice – Where Congress Is Failing

Gavel on book beside scales of justice

At a time when judicial resources are stretched dangerously thin, President Trump now faces the urgent challenge of appointing 71 new federal judges as the U.S. Judicial Conference sounds the alarm on America’s overwhelmed court system.

Quick Takes

  • The Judicial Conference has formally requested Congress create 71 new judgeships, including 69 for district courts and 2 for appellate courts to address critical shortages.
  • District court filings have surged 30% since 1990, while the number of authorized judgeships has increased by only 4% since 1991.
  • The number of civil cases pending for more than three years has skyrocketed by 346% over the past two decades.
  • Congress previously passed a bipartisan bill in 2024 to create new judgeships, but it was vetoed by Biden, leaving President Trump to address the crisis.

A Justice System at Breaking Point

America’s federal court system is buckling under the weight of ever-increasing caseloads with too few judges to handle them. The Judicial Conference of the United States has issued a formal recommendation to Congress calling for the creation of 71 new judgeships across the federal system – a clear signal that our judicial infrastructure is reaching a critical breaking point. This shortage of Article III judges represents a genuine threat to Americans’ constitutional right to speedy trials and timely justice.

The stark reality is that district court filings have exploded by 30% since 1990, yet the number of authorized judgeships has grown by a mere 4% in that same period. This growing disparity has created bottlenecks throughout the system, with some districts facing unmanageable caseloads that force Americans to wait years for their day in court. The situation represents another failure of previous administrations to address fundamental problems in our justice system.

Overwhelming Evidence of Judicial Shortages

The evidence supporting this urgent need for more judges is overwhelming and data-driven. According to the Judicial Conference, the number of civil cases pending for more than three years has increased by a staggering 346% over the past two decades. This means that Americans seeking justice through our federal courts increasingly find themselves trapped in a system that cannot efficiently process their cases, leading to delayed justice and increased costs for all parties involved.

“District court filings have grown by 30 percent since 1990, when the last comprehensive judgeship bill was enacted. Since 1991, the overall number of authorized district court judgeships increased by only four percent,” stated the Judicial Conference of the United States.

The Conference’s recommendation isn’t arbitrary or politically motivated – it follows a rigorous, empirical assessment of judicial workloads. In fiscal year 2024, weighted filings exceeded 500 per judgeship in 20 of the 25 district courts recommended for additional judgeships. Even more concerning, weighted filings exceeded 600 per judgeship in 12 courts and 700 in five courts. For context, the Conference typically requires over 430 weighted filings per judgeship to recommend additional positions.

Previous Failures and Political Obstruction

This judicial shortage crisis didn’t appear overnight. Congress actually took steps to address this problem by passing a bipartisan bill in 2024 that would have created new judgeships to alleviate the growing backlog. However, in a move that prioritized politics over Americans’ access to justice, President Biden vetoed the legislation. His administration cited politically-motivated concerns about the timing of confirmations and avoided addressing the actual crisis at hand.

“The Judicial Conference of the United States has again asked Congress to create additional judgeships to address burgeoning caseloads in many courts,” noted the Judicial Conference in its latest appeal for action.

The current recommendation wisely suggests staggering the creation of new seats over eight years to minimize partisan advantage – a balanced approach that puts the integrity of our judicial system above political gamesmanship. With President Trump now in office, this presents a prime opportunity to finally address this long-simmering crisis. The question now becomes whether Congress will put Americans’ access to justice above partisan politics and give our court system the resources it desperately needs.