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News abounds on the political and ideological ramifications of the record pace of White House nominations and Senate confirmations for the federal judiciary. This accelerated confirmation process marks a dramatic reversal from just last year, when judicial vacancies hit an all-time high.

Politics notwithstanding, litigants need to consider the practical effects of this record shift in judicial appointments on the vast majority of disputes, where ideology and partisanship are not factors. More capacity will accelerate case schedules impacting litigants who have grown accustomed to — and in some cases have depended on — the often slow pace resulting from clogged case dockets.

Now that the federal bench is gaining significant additional capacity, how will this change litigation strategies, forum selection, and costs? And will the new additions to the judiciary reflect the diversity of the United States?

As a whole, these questions hang over litigants whose approach to federal litigation developed in a judicial system frequently lacking adequate capacity to handle its overall caseload.

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