President Biden now has 235 nominations to the federal judiciary, more than the number of judges appointed for life during President-elect Donald Trump’s first term, after the Senate confirmed two more on Friday.
After Benjamin Cheeks was confirmed to the Southern California federal district court, Serena Murillo was confirmed to the Central California federal district court.
By the end of his four-year term, Mr. Biden will have appointed two justices to the Court of International Trade, 187 judges to district courts, 45 judges to federal appeals courts, and one justice to the Supreme Court. Justice Ketanji Brown Jackson is the first Black woman to serve on the nation’s highest court, making her nomination historic.
Sen. Dick Durbin, the leader of the Judiciary Committee, said in a statement, “Today, we celebrate one of the most important accomplishments of this Democratic Senate and the Biden-Harris administration: the confirmation of highly qualified, independent, and evenhanded judges to the federal bench.” He went on to say that President Biden nominated more than one in four of the judges currently sitting on the bench.
Additionally, compared to his predecessors, Mr. Biden has selected a greater diversity of public defenders and a record number of them to be federal judges on the appeals courts.
Since congressional deadlock has led to unilateral executive actions on a range of topics impacting American society, presidents have turned their attention more to the judiciary in recent years. Nevertheless, legal challenges usually override these measures, allowing courts to make decisions on controversial policy.
Mr. Biden did not have the same degree of success as his predecessor in making his stamp on the Supreme Court, even though he is probably going to complete his term with more judicial nominations than Trump. When Justice Stephen Breyer, a member of the court’s liberal side, retired in 2022, Jackson took his place.
However, Trump nominated Amy Coney Barrett, Brett Kavanaugh, and Neil Gorsuch as justices of the Supreme Court. Barrett created a conservative supermajority with a vote of 6-3 after replacing the late liberal Justice Ruth Bader Ginsburg.
With 45 judges appointed at the end of his presidency compared to Trump’s 54, Mr. Biden likewise lags behind Trump in terms of appointments to the 13 courts of appeals.
But when Trump took office in 2017, he had an edge because the Republican-led Senate had blocked then-President Barack Obama’s nominations in the latter two years of his tenure, leaving 17 appellate court vacancies. When Mr. Biden took office, there were just two vacancies on the courts of appeals.
After hearing that their successors would not be confirmed prior to January 3, when Republicans seize control of the Senate, some judges who had previously declared their intention to retire have changed their minds, with a second Trump administration imminent.
Last week, the White House withdrew its nomination of North Carolina Solicitor General Ryan Park as his possible replacement, and Judge James Wynn of the 4th Circuit told Mr. Biden that he would no longer be allowed senior status, a type of semi-retirement.
The Republican senators from North Carolina, Thom Tillis and Ted Budd, were against Park’s nomination. Wynn’s decision to delay his retirement was slammed by Tillis, who said it was blatantly politicized and driven by Trump’s election.
In the wake of Trump’s election, two district court justices—justices Max Cogburn and Algenon Marbley—who were chosen by Democratic presidents have also reportedly retracted their aspirations to become senior judges, according to Reuters.
The reversals follow a deal struck by Senate Republicans and Democrats to speed the review of Mr. Biden’s district court candidates. During the lame-duck session, Republican senators, backed by Trump, had been trying to slow down the pace of judicial confirmations. However, as part of the agreement, they agreed to waive procedural barriers on district court nominees in the event that Democrats did not put the final four appellate court nominations up for a vote.
After taking office, Trump will have to replace four existing or upcoming vacancies on the courts of appeals and more than 30 on the district courts, according to the Administrative Office of the United States Courts.
Note: Every piece of content is rigorously reviewed by our team of experienced writers and editors to ensure its accuracy. Our writers use credible sources and adhere to strict fact-checking protocols to verify all claims and data before publication. If an error is identified, we promptly correct it and strive for transparency in all updates, feel free to reach out to us via email. We appreciate your trust and support!
Eliot Pierce is a dedicated writer for ChiefsFocus.com, covering local crime and finance news. With a keen eye for detail and a passion for storytelling, Eliot aims to provide his readers with clear and insightful analysis, helping them navigate the complexities of their financial lives while staying informed about important local events. His commitment to delivering accurate and engaging content makes him a valuable resource for the community.