By February 2002, President George W. Bush had nominated 89 judges to the lower federal courts. This week, Senate Judiciary Chairman Patrick Leahy prodded President Obama, who has nominated just 42 federal judges to date, to "get up names as quickly as possible." President Obama promised to make this "a priority." He'd better. There are currently 102 vacancies on the federal bench.http://www.slate.com/id/2243845/
Obama can't blame the judicial vacancies on any opposition filibuster. The vacancies exist in large part because Obama hasn't nominated judges for a majority of them.
And, what's the excuse for not doing it when he had 60 votes?