Resolution Adopted by the CCAR
THE VACANCY CRISIS IN THE FEDERAL JUDICIARY
Adopted by the 109th Annual Convention of the
Central Conference of American Rabbis
June, 1998
Background
The Jewish community’s concern about the problem of judicial backlog dates to the book of Exodus. There, Jethro, Moses’ father-in-law, finds long lines of people waiting all day for Moses to hear their cases. Moses, upon Jethro’s advice, sets up the first judicial system (Exodus 18: 13-27).
Many of the Torah’s commandments and rabbis’ teachings specifically deal with the importance of a fair judicial system. Such commandments include: “You shall not be partial in Judgment” (Deuteronomy, 1:17) and “Justice, Justice, thou shall pursue” (Deuteronomy, 16:20). In addition, Justice is one of the three pillars upon which the world stands (Pirke Avot 1:18). Furthermore, the delay of justice is said to be a cause of violence, as we are taught, “The sword came into the world because of justice delayed and justice denied” (Pirke Avot 5:8).
Today, the American federal judiciary is weakened by obstructionism in the confirmation process. As a result, justice across the nation is being delayed. When the Constitution’s framers established an interactive process of judicial appointments between the legislative and executive branches of government, they meant for the President to submit nominations to the Senate in a timely fashion, and for the Senate to advise the President, and consent to, or reject, the President’s nominees expeditiously. The framers did not anticipate that the President would delay submissions nor that the Senate would place holds on the nominees’ consideration, or avoid debate and a subsequent vote altogether.
THEREFORE, the Central Conference of American Rabbis resolves to:
Call upon the member rabbis of the Central Conference of American Rabbis to highlight the problems caused by delays in the appointment process in communication with their elected representatives, and to urge their Senators.