On Saturday, Sen. Mitch McConnell, R-Ky., the Minority Leader, played the Grinch who stole the federal courts’ Christmas. McConnell refused to grant unanimous consent, so that the Senate might consider 21 judicial nominees. McConnell’s inaction means that those nominees must wait six weeks for consideration because the Senate recessed until late January when lower courts vacancies will number 85. His inaction is only the latest skirmish in the confirmation wars that jeopardize the federal courts and must cease for the good of the nation.

On the final day of 2011 official Senate business, McConnell rejected a request from Sen. Harry Reid, D-Nev., the Majority Leader, to confirm approximately 50 executive and judicial nominees who had waited months for consideration. McConnell conditioned acceding on administration confirmation “that it will respect practice and precedent on recess appointments.” Because unanimous consent enables one senator to stop floor action, McConnell’s objection ended all nominees’ consideration.

Sen. Reid analogized the appointments process to long-distance running: “Unless I started fast, it was really hard to catch up. We’ve started so slowly, I’m not sure we can.” Sen. Patrick Leahy, D-Vt., the Judiciary Committee chairman, found it “wrong to dismiss the delays resulting from the Senate Republicans’ obstruction as merely political tit for tat,” characterizing McConnell’s inaction as a “new and damaging tactic (devised to stall) noncontroversial nominees.”

Because McConnell ultimately lacked the requisite assurance he refused to consent, and the Senate recessed without considering the judicial nominees. Leahy admonished Republicans that Saturday’s inaction mirrored last year’s, violating a lengthy tradition of considering and confirming many judicial nominees, before intersession recesses, especially in President George W. Bush’s administration.

McConnell’s reasons for rejecting unanimous consent are unpersuasive. The Senate has regularly employed “pro forma” sessions at recesses, doing so for this intersession break. Pro forma sessions, whereby the Senate briefly meets every few days, have blocked President Barack Obama’s recess appointments because the sessions essentially mean the Senate never recesses.

Even were Obama to recess appoint executive officials, most notably Richard Cordray, his nominee for Consumer Financial Protection Bureau director, there remains little credible threat that the president will recess appoint judicial nominees, as Obama has not suggested he might do so. The substantial legal difficulties which complicate judicial recess appointments have dissuaded modern presidents from even entertaining that prospect. Indeed, only three judges since 1981 received recess appointments, because of concerns about problems that could arise, should the Senate not confirm recess appointed judges. For example, defendants these judges found guilty or sentenced might challenge convictions and sentences. However, Bush recess appointed Circuit Judges Charles Pickering and William Pryor. In short, holding 21 judicial nominees hostage to GOP demands that the nascent CFPB be reformed plumbs new depths.

The accusations, recriminations, paybacks and partisanship, which McConnell’s latest maneuver perpetuates and exacerbates, are detrimental. They unduly lengthen selection, eviscerate civility’s few remnants and propel the confirmation wars. The phenomena send nominees into prolonged limbo, discourage remarkable candidates who might have entertained judicial careers and deny tribunals crucial judicial resources, undermining speedy, inexpensive and fair case resolution. These considerations erode public respect for selection and the governmental branches, particularly the courts.

When the Senate convenes in late January, Republicans must end those counterproductive dynamics. Like the Grinch and the Whos in Whoville, the GOP must cooperate with Democrats to swiftly confirm many qualified uncontroversial nominees for the country’s good.

Carl Tobias is the Williams Professor at the University of Richmond School of Law. He wrote this for this newspaper.

CARL TOBIAS is the Williams Professor at the University of Richmond School of Law. He wrote this for this newspaper.