As the election looms, Biden struggles to match Trump's judicial appointments
With the impending election, President Biden faces challenges in aligning with the prolific judicial legacy left by his predecessor, Donald Trump. Trump, during his term, made a significant impact on the judiciary by appointing a substantial number of federal judges,
The White House is preparing for what may be President Joe Biden's final opportunity to shape the judiciary. Progressive advocates are concerned that he might not appoint as many judges as his predecessor, Donald Trump, did during his four-year term. With the possibility of a November 2024 election rematch between Biden and Trump, Senate Democrats are committed to confirming Biden's judicial nominees in 2024. Despite already approving 166 judges, Biden's pace of appointments slowed in 2023 due to negotiations with Senate Republicans.
Russ Feingold, a Democratic former U.S. senator, and leader of the American Constitution Society expressed concern that this slowdown jeopardizes Biden's ability to continue diversifying the judiciary, especially with the upcoming election potentially altering the political landscape.
Throughout his tenure, Biden aimed to fulfill his 2020 campaign promise of bringing greater diversity to the judiciary, with two-thirds of his confirmed nominees being people of color and 108 being women. Despite Senate Democrats confirming 69 judges in 2023, the pace fell below Trump's third year. Challenges in the Senate Judiciary Committee, including the absence of Senator Dianne Feinstein, contributed to the slower pace.
Looking ahead to 2024, Biden has announced 30 nominees awaiting confirmation, with 53 current vacancies on the federal bench. However, 22 of these vacancies are in states with one or two Republican senators, who can effectively veto nominees through the "blue slip" custom. Progressive groups have urged Senator Dick Durbin, the Judiciary Committee's Democratic chairman, to abandon this custom, arguing that it hinders Biden's ability to appoint judges in conservative-leaning states.
Despite challenges, Biden could still match Trump's four-year total, but the ability to nominate judges in states with Republican senators remains a significant question. Progressive groups argue that maintaining the "blue slip" tradition allows Republicans to enact laws without fearing court challenges. While Durbin acknowledges vacancies in states with Republican senators, he stands by the tradition and encourages compromise.
The White House has highlighted successes, citing confirmed district court judges from Indiana, Idaho, and Louisiana in 2023, with pending nominees from Florida, South Carolina, and Texas. Biden's recent announcement of intending to nominate five judges in states with Republican senators, including Texas, reflects ongoing efforts to shape the judiciary.