Sen. Patrick Leahy, D-Vt., wants to expand the federal judiciary with President Barack Obama in office.
The Federal Judgeship Act was initially proposed last year with bipartisan support, but was never voted on. The legislation was intended to give both parties a voice in the makeup of an expanded federal judiciary. The winner of the 2008 presidential election would have selected the nominees.
But the Leahy plan would allow President Obama to select now, rather than wait until 2012.
Gary Bauer, president of American Values, said the move reeks of partisan politics.
"If they can put on some of these key federal appeals courts left-wing ideologues who are in favor of same-sex marriage, who will continue to push abortion, who will expand the power of government," he said, "then the big government agenda in Washington will continue, no matter who wins the next election."
Bauer said the need for judges is pressing because of Leahy's stonewalling of President Bush's judicial nominees.
—Roger Greer