Lame-duck Biden threatens to veto a bipartisan plan allowing Trump to select more federal judges

By: Eliot Pierce

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White House officials announced Tuesday that President Biden would reject a bipartisan bill that would have filled additional federal judgeships nationwide, casting doubt on the bill’s actual driving force as President-elect Donald Trump assumes office.

The Judicial Understaffing Delays Getting Emergencies Solved (JUDGES) Act, co-sponsored by Republicans and Democrats, was passed by the Senate unanimously in August. It would have permitted the next three presidential administrations to appoint 66 federal district judges to understaffed states with a backlog of cases.

Judicial staffing is crucial to the rule of law, but S. 4199 is not required for the efficient and effective administration of justice, according to a White House statement issued by the Office of Management and Budget.

In places where senators have attempted to fill existing judicial vacancies, the bill would create new judgeships. These attempts to maintain open positions imply that worries about the caseload and judicial economy are not now the main factors influencing the bill’s passage.

Over four months after passing the Senate, the legislation is being considered by the House this week.

The White House hinted that there was a political incentive to offer the incoming 47th president additional court selections by pointing out that Trump was elected president before the bill was debated in the GOP-controlled lower house.

According to the statement, adding judges hastily with only a few weeks remaining in the 118th Congress would not address important issues in the legislation, particularly those pertaining to the distribution of judges.

Even as the incoming president urged Republican senators to reject Democratic court candidates during the lame-duck session of Congress, Biden, 82, has been in contact with Trump, 78, over moving his team to the White House and pledged a smooth transition of power.

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Shortly after taking office in late November, Trump lamented on his Truth Social account that the Democrats were attempting to fill the courts with radical left judges. No additional judges should be confirmed before the day of the inauguration, thus Republican senators must turn up and hold the line!

Capitol Hill has been tense over the blocked JUDGES Act, and members have been eager to attack Biden’s plan to veto the bipartisan bill.

Sen. Todd Young (R-Ind.), a bill co-sponsor, bemoaned on X that President Biden had recently threatened to veto his JUDGES Act of 2024, which would address the judicial crisis that has Americans waiting years for their day in court.

The Biden administration’s threat to veto the JUDGES Act severely disappoints me. This bill’s unanimous Senate passage shows widespread bipartisan support for resolving a pressing problem facing our judiciary. Added was Sen. James Lankford (R-Okla.).

Rep. Jerold Nadler (D-NY), however, concurred with Democrats that the House acted unjustly by delaying action on the bill until after the election.

On Monday, Nadler clarified, “My coworkers and I pleaded with them to take it up.” We talked about the stakes. They refused, even though they understood that only if the bill was signed into law by November 5 would there be bipartisan support for the creation of much-needed new judgeships.

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