It is pretty obvious we ought to consider that. Terminations per judge on the Federal Circuit represent only 17 percent of the cases terminated by a judge on the Eleventh Circuit. The report assessed the need to fill one vacancy on the Federal Circuit. The court already had 11 active judges of the 12 authorized. The Federal Circuit also had five senior judges at that time.
Senior judges contribute a lot to the workload.
That is a pretty high number. Almost half as many judges are senior judges who come in on a less-work level. They don't handle the most important en banc cases, but they participate in drafting opinions. They have law clerks. Many of them do almost as many cases as an active judge.