Specifically, I'm talking about the part of the 6th amendment that guarantees the right to a speedy trial. I've read quite a bit about the long vacancies in federal judge positions due to the senate not holding any hearings to confirm anyone at all the levels. So, if someone's case is held up due to the court being overloaded, would they have standing to sue the senate for creating this situation?

  • No. The Senate is not obligated to confirm a nominee. That is a political question.
    – Viktor
    Commented Apr 9, 2016 at 20:25

1 Answer 1


If you want to have some fun and increase the likelihood that you will go to trial soon, you can file a motion to dismiss for failure to comply with the Speedy Trial Act. If you have co-defendants they may be the reason for delay. You could then move for a severance. On a slightly different note, since 95% of federal criminal cases result in the imposition of a penalty on the accused, you should start calculating your guidelines.

  • I don't understand your last statement: Are you saying that filing a motion to dismiss could have an adverse effect on the outcome of the process for the accused? Either way, could you elaborate?
    – feetwet
    Commented Apr 11, 2016 at 19:13
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    Some judges facing a speedy trial deadline will offer a defendant an immediate trial. As in, tomorrow: be ready at 0900. Oh, you can't go tomorrow? Then speedy's waived. If your codefendants are the reason for the delay, then you can move for a severance. There are pro's and cons to this. If severed, you may be the only one in the dock that witnesses are pointing their finger at; in a mass trial you may hardly ever hear your name mentioned. The jury might overlook you.
    – user26732
    Commented Apr 12, 2016 at 20:14
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    It appears that the Speedy Trial Act, as amended, forbids the "trial tomorrow morning" ultimatum by setting a minimum time of 30 days from first court appearance to trial, unless waived by the defendant. Commented Jun 10, 2016 at 19:05
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    No, because the "trial tomorrow morning" ultimatum is given just before speedy expiration and long after the defendant's first appearance, which was at least 30 days prior, and more like within 23-72 hours after his arrest.
    – user26732
    Commented Jun 11, 2016 at 19:06

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