WASHINGTON — President Joe Biden is poised to achieve his 235th judicial appointment as early as Friday, eclipsing the total of his predecessor by one. This accomplishment highlights the Democratic Party’s concerted efforts to influence the federal judiciary following Donald Trump’s significant appointments during his first term, including filling three vacancies on the Supreme Court.
Senate Majority Leader Chuck Schumer, representing New York, has scheduled votes for two prospective judges from California, which are expected to be the concluding judicial confirmations for this year as Congress prepares to recess and transition to a Republican-controlled Senate. Schumer expressed a desire to finalize the votes by the end of Friday.
The first confirmation will equal Trump’s judicial count, while the second will surpass it. As the new year approaches, Republicans are gearing up to expand Trump’s already substantial impact on the federal judiciary.
Biden and Senate Democrats have prioritized the appointment of women, minorities, and public defenders to the judiciary. Approximately two-thirds of Biden’s nominees are women, and a significant portion consist of individuals from diverse racial backgrounds. A prominent appointment during Biden’s term was that of Ketanji Brown Jackson, who made history as the first African-American woman to join the Supreme Court.
Senator Dick Durbin, the Democratic chairman of the Senate Judiciary Committee, remarked on the previous lack of diversity on the federal bench, which he characterized as predominantly white males. “We actively sought to include more women in these roles, and we had a remarkable talent pool to choose from. Enhancing the court’s image and its work is the aim of our efforts,” he stated.
Biden also focused on integrating more civil rights lawyers, public defenders, and labor rights attorneys into the judiciary, thereby broadening the professional experience represented on the federal bench. Notably, over 45 of his appointees have backgrounds as public defenders and more than two dozen have been civil rights attorneys.
While Biden has confirmed more district judges than Trump, he has appointed fewer judges to higher-tier circuit courts—45 compared to Trump’s 54—and secured only one Supreme Court appointment as opposed to Trump’s three. Frustratingly for Democrats, Republicans confirmed Justice Ruth Bader Ginsburg’s replacement on the Supreme Court just days before the 2020 presidential election following Ginsburg’s passing in September.
Democrats faced hurdles in confirming nominees during a two-year period characterized by a 50-50 Senate. Throughout the current Congressional session, Schumer consistently prioritized votes for judicial confirmations, spurred by progressive groups urging a swift approach to judicial nominations akin to the urgency Republicans demonstrated during Trump’s presidency.
However, some Republican senators have been critical of Biden’s nominees. Senator Ted Cruz of Texas suggested that the administration’s commitment to diversity did not extend to the candidates’ viewpoints. “The era of Trump has pushed Democrats toward the extreme left, resulting in partisan selection of judges,” Cruz asserted.
Liberal advocacy groups have expressed satisfaction with the quantity and quality of the judges appointed by the Democrats. They argue that a diverse judicial background enhances decision-making and fosters public trust, encouraging a broader spectrum of individuals to pursue legal careers. “For equal justice to be truly upheld within our federal judiciary, it must genuinely reflect all of society. We commend this administration for emphasizing both professional and demographic diversity,” stated Lena Zwarensteyn, who leads the fair courts program at The Leadership Conference on Civil and Human Rights.
Senator Charles Grassley from Iowa, who is set to assume the role of chairman of the Senate Judiciary Committee, acknowledged that Democrats demonstrated notable determination in confirming judges. “They’ve learned important lessons from Trump’s first term regarding judicial appointments,” Grassley remarked.
The motivation behind Democratic efforts became increasingly urgent as they witnessed the Supreme Court reversing abortion rights, dismantling affirmative action, and undermining the federal government’s ability to enforce regulations related to environmental and public health protections. Such rulings illustrate the judiciary’s critical role in maintaining the balance of power in the United States.
Trump is anticipated to take office with nearly thirty judicial vacancies, and that number could grow as Republican-appointed judges delay retirements in hopes of being succeeded by a Republican nominee.
Senator Richard Blumenthal, a Democrat from Connecticut, acknowledged that, despite Democratic achievements, the outlook feels mitigated knowing Trump will again have the opportunity to mold the federal judiciary. “I don’t feel ready to celebrate just yet for our important accomplishments in the past four years. We need to stay engaged and prepared to challenge nominees that lack suitability for the role. We have significant work ahead of us,” Blumenthal commented.
Grassley promised to work towards surpassing Biden’s judicial confirmations. “By January 20th, 2029, Trump will be highlighting his achievement of appointing 240 judges,” Grassley vowed.