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Advice and Consent for Federal Judges: A New Alternative Based on Contract Law


It will come as no surprise that there is a serious problem regarding the number of vacancies in the United States federal courts, both in the courts of appeals and the district courts. Approximately 11% of the available judicial seats are vacant. In 2010, a position in the Court of Appeals for the Fourth Circuit was filled after remaining vacant since 1994. This causes an obvious detriment to the efficiency of the courts.