Facilitating the Administration of Justice in the Federal Courts
Signed May 9, 2003·George W. Bush·68 FR 25807
Source
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Plain-language summary
Establishes a policy for timely filling of judicial vacancies in federal courts of appeals and district courts, referencing a presidential plan announced October 30, 2002 that calls for nominations to be submitted within 180 days after the President receives notice of a vacancy or intended retirement, barring extraordinary circumstances. Directs the Counsel to the President to take appropriate steps to keep the President positioned to make timely nominations consistent with this plan, and instructs federal departments and agencies to assist in implementing the order as requested and as permitted by law. States that it does not affect the President's constitutional authority to fill vacancies and does not create any enforceable legal rights against the federal government or its officials.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote the prompt appointment of judges to the Federal courts, it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
The order, in full
Executive Order 13300 of May 9, 2003
Facilitating the Administration of Justice in the
Federal Courts
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to promote the prompt appointment
of judges to the Federal courts, it is hereby ordered
as follows:
Section 1. Policy. The Federal courts play a central
role in the American justice system. For the Federal
courts to function effectively, judicial vacancies in
those courts must be filled in a timely manner with
well-qualified candidates.
Sec. 2. Plan. The presidential plan announced on
October 30, 2002, calls for timely consideration of
judicial nominees, with the President submitting a
nomination to fill a vacancy in United States courts of
appeals and district courts within 180 days after the
President receives notice of a vacancy or intended
retirement, absent extraordinary circumstances.
Sec. 3. Responsibilities. The Counsel to the President
shall take all appropriate steps to ensure that the
President is in a position to make timely nominations
for judicial vacancies consistent with this plan. All
Federal departments and agencies shall assist, as
requested and permitted by law, in the implementation
of this order.
Sec. 4. Reservation of Authority. Nothing in this order
shall be construed to affect the authority of the
President to fill vacancies under clause 3 of section 2
of article II of the Constitution.
Sec. 5. Judicial Review. This order is intended only to
improve the internal management of the Federal
Government and is not intended to, and does not, create
any right or benefit, substantive or procedural,
enforceable at law or in equity by a party against the
United States, its departments, agencies,
instrumentalities or entities, its officers or
employees, or any other person.
(Presidential Sig.)B
THE WHITE HOUSE,
May 9, 2003.Reproduced from the Federal Register plain-text record, signed May 9, 2003. Typesetting artifacts are removed; no wording is changed.