Not only that, but they actually express a firm opinion:
Clearly, the Senate is not fulfilling its constitutional duty to confirm judges. Some 58 Obama administration nominees are pending in the Senate to fill the 95 vacancies. Republican senators have complained that there should be a nominee for every vacancy — fair enough — but that does not explain why so many of the nominations have been stalled for so long.
The Senate, of course, has a duty to ensure that nominees are qualified. No one wants a “fast-tracked” judge hearing cases. But it’s hard to escape the conclusion that partisan politics rather than the quality of the nominees is the root of the problem when even consensus candidates must wait for prolonged periods.
This Monday, for example, the Senate is expected to fill some of those vacancies when six of the nominations go to the floor for a vote, meaning there has been a preceding agreement not to block the vote.
That generally leads to confirmation. Of those six, five have been pending since May and June — and all of them were approved with a unanimous vote by Democratic and Republican members of the Senate Judiciary Committee. In other words, there is no question that the nominees have the qualifications to do the job — so why the delay?