WASHINGTON — President Joe Biden achieved a significant milestone on Friday with the confirmation of his 235th judicial nominee, surpassing the total achieved by his predecessor by a single appointment. This accomplishment reflects a concerted effort by Democrats to prioritize the federal judiciary, particularly following Donald Trump’s administration, which notably positioned three justices on the Supreme Court.
Senate Majority Leader Chuck Schumer orchestrated votes concerning two judges from California, marking what is anticipated to be the final confirmations before Congress breaks for the year, transitioning to a new Senate that will be led by Republicans. The approval of Serena Raquel Murillo for the Central District of California is what propelled Biden past Trump’s previous benchmark. With the approaching new year, Republicans are expected to amplify Trump’s existing influence on federal judicial appointments.
Under Biden’s administration, there has been a clear emphasis on enhancing diversity within the judiciary by appointing more women, minorities, and public defenders. Notably, approximately two-thirds of Biden’s nominees have been women, and a significant majority are individuals from diverse racial backgrounds. The highlight of Biden’s appointments has been Justice Ketanji Brown Jackson, who became the first African American woman to serve on the Supreme Court.
“Before our initiatives, the representation of women in the federal judiciary was significantly lacking, dominated by white males,” stated Sen. Dick Durbin, the Democratic chair of the Senate Judiciary Committee. “Our efforts to incorporate more women have yielded a strong talent pool, aiming to enhance the perception and effectiveness of the judiciary.”
Biden has also focused on incorporating more civil rights lawyers, public defenders, and labor rights attorneys into the judicial system, diversifying the professional experiences within the judiciary. Over 45 of his appointees have worked as public defenders, and more than twenty have backgrounds in civil rights law.
Despite surpassing Trump in the number of district courts appointed, Biden’s administration has confirmed fewer circuit court judges—45 compared to Trump’s 54—along with only one Supreme Court nominee against Trump’s three. The appointment of Amy Coney Barrett, a Trump nominee, to replace Justice Ruth Bader Ginsburg occurred just before the 2020 presidential election after Ginsburg’s passing in September, further inflating concerns within the Democratic ranks.
Confirmation of nominees has proven challenging for Democrats, especially during the two-year stretch of a evenly split Senate. Throughout the current Congress, Schumer consistently pushed for votes on judicial nominees, as liberal advocacy groups urged for an increased effort akin to Republicans’ methodical approach during Trump’s administration.
Some Republican senators voiced sharp critiques of Biden’s selections. Sen. Ted Cruz from Texas expressed that the discourse around diversity fell short regarding the perspectives of the nominees. “The Trump era drove Democrats towards extreme leftism, resulting in the selection of highly partisan judges,” Cruz remarked.
Liberal advocacy groups expressed satisfaction not only with the number of judicial appointments secured by Democrats but also with the caliber of candidates chosen. They suggested that a blend of diverse backgrounds among judges enhances judicial outcomes, fosters public trust, and motivates individuals across various backgrounds to explore legal careers.
“For our federal judiciary to genuinely deliver equal justice, it must represent everyone. This is why we commend this administration’s commitment to both professional and demographic diversity,” said Lena Zwarensteyn, a senior director at a prominent civil rights organization.
Sen. Charles Grassley from Iowa, poised to become the new chair of the Senate Judiciary Committee, acknowledged that Democrats have displayed an newfound focus on judicial appointments. “They have learned from the first Trump administration that both the quantity and the quality of judges are critical,” Grassley stated.
A part of the urgency among Democrats stemmed from the backlash against recent Supreme Court rulings, which included overturning abortion rights, dismantling affirmative action in higher education, and curbing federal authority on environmental and public health regulations. These significant rulings illustrated the influence the judiciary has on American society.
Looking ahead, Trump is set to inherit nearly thirty judicial vacancies; however, this figure may increase as Republican-appointed judges may opt to delay retirement, hoping a Republican successor will choose their replacements.
Sen. Richard Blumenthal from Connecticut noted that while Democrats feel some sense of achievement, the reality of Trump’s impending term tempered that satisfaction. “We can’t rejoice too early over our accomplishments in the past four years,” Blumenthal cautioned. “We must remain vigilant and prepared to contest nominees that lack qualifications, as there remains considerable work ahead.”
Grassley asserted that he has every intention of surpassing Biden’s count of judicial confirmations. “By January 20, 2029, Trump will be boasting about having appointed 240 judges,” Grassley assured.