A minority in the Senate is refusing to allow anyone to be confirmed to the D.C. Circuit. Because, of course, it would be bad to dilute the wingnut flavor of the current D.C. Circuit, which also has several members for whom the government not working is a feature, not a bug. If the Senate ever becomes functional enough for a non-wingnut is confirmed to the D.C. Circuit, it will be a little harder for the D.C. Circuit to make it impossible for government to function, so you can see the dilemma here.