The Post runs an editorial this morning calling for the Judicial Conference to examine whether the DC Circuit needs 12 judges before Bush sends nominations for the 11th and 12th seats. The question arises because members of the Senate and D.C. Circuit Judge Silberman have long argued that 10 is enough. Whatever the final count is, the court is currently understaffed, with by my count 8 sitting judges. Look for Senate Democrats to attempt to use this as an issue to block Estrada to the ninth position, saying that the study on the size of the circuit should be done first--despite the fact that no one disputes that there is a need to fill at least two more judgeships.