I still haven’t heard anything approaching a logical explanation for Obama’s neglect of judicial nominations:
To make a casual prediction, Barack Obama’s legacy as president will have as much to do with the federal bench as much as it will with the Affordable Care Act. For a variety of reasons, Obama has been far less aggressive in filling judicial vacancies than his predecessors. If he wins re-election, this isn’t a huge problem – he has four more years with which to fill the federal judiciary and balance its rightward tilt. But if he loses, we can expect President Romney/Perry to stack the lower courts – and eventually, the Supreme Court – with a variety of conservative ideologues. In other words, because of Obama’s neglect, we stand a good chance of giving conservative ideologues the tools they need to dismantle the welfare state, and leave liberals in a losing battle against right-wing legal theories.