Justice Delayed: The Crisis of Undermanned Federal Courts

DOJ and Judicial Nomination VotesHouse Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet · February 25, 2025 · 119th Congress
The House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet held this hearing to examine the shortage of federal judgeships and the prospects for reviving the JUDGES Act, a bipartisan bill to add new federal judgeships that passed both chambers last Congress but was vetoed by President Biden. Begins at ▶ 0:17:38
Transcript
Highlights

Title

Bipartisan judges bill's veto and the federal courts' judgeship shortage

Purpose

The House Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet held this hearing to examine the shortage of federal judgeships and the prospects for reviving the JUDGES Act, a bipartisan bill to add new federal judgeships that passed both chambers last Congress but was vetoed by President Biden. Judge Timothy Tymkovich testified on behalf of the Judicial Conference about mounting civil and criminal caseloads, court backlogs, and the process for determining judgeship needs, while members also used the hearing to debate judicial independence, nationwide injunctions, and the Trump administration's posture toward the courts. Begins at▶ 0:17:38

Who spoke

• Chairman Darrell Issa (R-CA)▶ 0:17:38: Opened by recounting the bipartisan JUDGES Act negotiated last Congress and its veto, which he called a shortsighted decision▶ 0:18:40; explained the bill staggers new judgeships across multiple presidential administrations based on judicial conference priority and facility availability▶ 0:19:10, and entered several bills into the record including the No Rogue Rulings Act and the Litigation Transparency Act▶ 0:34:50.

• Ranking Member Hank Johnson (D-GA)▶ 0:25:44: Argued the JUDGES Act was a fair, politics-free deal that House GOP leadership broke by delaying a vote until after the election▶ 0:38:22; said Republicans "only want to add new judgeships when they can rig the game in their favor"▶ 0:30:47 and cited Trump's executive order claiming interpretive authority over the law as conflicting with Marbury v. Madison▶ 0:40:54.

• Chairman Jim Jordan (R-OH)▶ 0:35:51: Briefly thanked the chairman and witness, noting every Senate Democrat once supported the bill▶ 0:36:21.

• Rep. Jamie Raskin (D-MD), Ranking Member of full committee▶ 0:36:51: Detailed the bipartisan history of the deal negotiated by Issa and Johnson▶ 0:37:52, accused House GOP leadership of waiting to know the election winner before acting▶ 0:38:53, and quoted Trump, Vance, and Musk statements he said threatened judicial independence▶ 0:44:56.

• Judge Timothy Tymkovich, 10th Circuit Court of Appeals▶ 0:47:57: Testified the Judicial Conference has objectively determined the courts urgently need 68 new judgeships▶ 0:52:00; said pending civil cases older than 3 years rose 346% over 20 years and trial time grew from under 22 months to 4-5 years▶ 0:49:28▶ 0:50:00; repeatedly declined to comment on hypothetical presidential defiance of court orders, impeachment questions, or matters outside his judgeship-needs testimony▶ 1:01:36▶ 1:22:18.

• Rep. Robert Wittman (R-VA) [wittman]...

(Note: correcting speaker list based on transcript cues below.)

• Rep. Jefferson Van Drew / gentleman from Virginia (Mr. Kiggans)▶ 0:52:31: Asked about the rise in immigration appeals from 145 to 611, largely in the Ninth Circuit▶ 0:54:02, and whether consolidating immigration cases into a single federal court could reduce caseloads▶ 0:56:03.

• Chairman Issa (follow-up)▶ 0:57:04: Asked about courtroom/facility needs for new judgeships and noted San Diego's leased-space inefficiencies▶ 0:58:04.

• Ranking Member Johnson (follow-up)▶ 0:58:34: Noted vacant courtrooms exist nationwide, including three available in the Richard B. Russell Federal Building in the Northern District of Georgia▶ 0:59:04; asked Tymkovich whether he was aware of any president willfully defying a federal court order, and whether the U.S. Marshals could be relied on to enforce contempt if directed otherwise by the president▶ 1:01:36▶ 1:03:07.

• Rep. Scott Fitzgerald (R-WI)▶ 1:04:38: Asked about suspended Judge Pauline Newman and how courts function when a judge is sidelined▶ 1:05:08; asked about the status of a Judicial Conference subcommittee studying third-party litigation funding disclosure▶ 1:06:40.

• Rep. Jamie Raskin (follow-up questioning)▶ 1:09:41: Asked Tymkovich to explain judicial review and the Guarantee Clause▶ 1:10:41, and cited more than 75 cases and 20+ TROs/injunctions filed against the new administration over impoundment and firings▶ 1:12:41.

• Rep. Kevin Kiley (R-CA)▶ 1:14:12: Called Biden's veto "disgraceful," citing 210,000 civil cases pending more than three years▶ 1:16:45, and asked why judgeship growth has lagged other government growth▶ 1:19:16.

• Rep. Zoe Lofgren (D-CA)▶ 1:20:16: Noted the Ninth Circuit judicial council referred former Judge Joshua Kindred for impeachment over misconduct, not rulings▶ 1:21:17; said no judge has ever been referred for impeachment based solely on a disagreement with a ruling▶ 1:22:18; cited a colleague's impeachment resolution against a judge over a ruling and Musk's calls to remove judges▶ 1:23:18.

• Chairman Issa (with Rep. Massie's yielded time)▶ 1:25:49: Asked about the No Rogue Rulings Act and whether Supreme Court review, not nationwide injunctions, has historically resolved circuit splits▶ 1:27:20; discussed judicial self-policing, citing Chief Justice Roberts admonishing Texas judge-shopping▶ 1:29:22.

• Rep. Deborah Ross (D-NC)▶ 1:30:55: Raised Camp Lejeune veterans' backlogged toxic-water cases in the Eastern District of North Carolina▶ 1:31:25; asked about the $39.5 million requested increase in court security funding and rising threats against judges (457 cases in 2023, doubling)▶ 1:33:56▶ 1:34:26.

• Rep. Laurel Lee (R-FL)▶ 1:36:27: Discussed Middle District of Florida caseloads and asked Tymkovich to explain how criminal speedy-trial priority delays civil dockets▶ 1:38:28; asked about extra judicial duties (FISA court, cybersecurity task force) not counted toward judgeship-need calculations▶ 1:40:59.

• Rep. Eric Swalwell (D-CA)▶ 1:42:32: Asked about judicial oversight of FBI investigative steps like search warrants and grand juries▶ 1:42:32; asked whether courts have a duty to inform the public when the government routinely fails to meet its evidentiary burden▶ 1:44:03; raised whether U.S. Marshal protection for judges should be structurally independent of presidential control, citing pulled security details for Pompeo and Bolton▶ 1:46:34.

• Rep. Russell Fry (R-SC)▶ 1:48:36: Asked Tymkovich to confirm the JUDGES Act process was rigorous and years in the making, not "hastily" drawn as Biden's veto statement claimed▶ 1:49:07; asked him to define TRO, preliminary injunction, and nationwide injunction▶ 1:51:39.

• Chairman Issa (further questioning)▶ 1:54:11: Asked about a Delaware case ordering disclosure of litigation funders▶ 1:54:41 and pressed on whether disclosure of litigation funders is analogous to existing discovery of defendants' insurance/financials▶ 1:56:12; asked if judges would prefer more judgeships sooner even out of ideal seniority order▶ 1:57:43.

• Rep. Wesley Hunt (R-TX)▶ 2:00:14: Argued Democrats are engaged in "lawfare" and are in "denial" over the 2024 election result▶ 2:01:15; urged passage of the JUDGES Act▶ 2:02:16.

Key moments

• Tymkovich testified the Judicial Conference has objectively determined the courts need 68 new judgeships nationwide, with 20 current judicial emergencies across 25 district courts in 15 states▶ 0:52:00▶ 1:19:46.

• Issa and Johnson gave competing accounts of why the JUDGES Act stalled: Issa said the bill staged appointments over a decade so no single president or party would benefit▶ 0:19:10; Johnson countered that House GOP leadership refused to bring the Senate-passed bill up before the election specifically to wait and see who would win▶ 0:38:22.

• Kiley cited 210,000 civil cases pending more than three years nationwide▶ 1:16:45; Tymkovich separately said such pending cases had risen 346% over 20 years and trial time grew from under 22 months to 4-5 years▶ 0:49:28▶ 0:50:00.

• Raskin pressed Tymkovich on whether he was aware of any president willfully disobeying a federal court order; Tymkovich declined to answer directly, saying only "I've never known of a president to willfully refuse to comply... but I see it coming now"▶ 1:01:06▶ 1:01:36.

• Lofgren stated that to her knowledge no judge has ever been referred for impeachment by the Judicial Conference based on a disagreement over a ruling, only for serious misconduct such as bribery or perjury▶ 1:22:18, contrasting this with a colleague's recent impeachment resolution against a judge over a ruling▶ 1:23:18.

• Johnson noted the Northern District of Georgia has room for at least three new district judgeships in the Richard B. Russell Federal Building despite the pending bill allocating only two▶ 0:59:04.

• Ross highlighted a requested $39.5 million increase in court security funding amid a doubling of threat cases against federal judges (457 in 2023)▶ 1:33:56▶ 1:34:26.

• Swalwell asked whether judicial security should be structurally independent of the president's control, citing the administration's removal of security details from former officials Pompeo and Bolton▶ 1:46:34; Tymkovich said he hadn't studied the question but would take it back to the judicial security committee▶ 1:47:04.

• Tymkovich confirmed that under discovery rules, defendants' financial information (e.g., insurance, balance sheets) is already routinely disclosed to plaintiffs, when Issa analogized this to proposed third-party litigation funding disclosure requirements▶ 1:56:12▶ 1:57:13.

• Hunt argued that judicial delay of Trump administration actions amounts to "democracy delayed," asserting Democrats are in denial after losing "in overwhelming fashion"▶ 2:01:15▶ 2:02:16.

Metadata

CommitteeHouse Judiciary Subcommittee on Courts, Intellectual Property, Artificial Intelligence, and the Internet
Chamber / CongressHouse · 119th Congress
DateFebruary 25, 2025
TypeHearing
Witnesses
The Honorable Timothy Tymkovich — Circuit Judge, U.S. Court of Appeals for the Tenth Circuit
Videoyoutube
Transcript214 caption blocks · 16,527 words · 2:04:53 runtime
EventCongress.gov 117919