During the first nearly two years of his presidency, Biden has seen more of his nominees to lifetime posts on the federal judiciary confirmed than either Donald Trump or Barack Obama saw at the same points of their presidencies.
A Thursday report from the Associated Press said Biden’s total was at nearly 100, with 97 — including Ketanji Brown Jackson on the Supreme Court — already confirmed by Senators. Trump’s total from the same juncture of his time in the White House was 85, while Obama was at 62. The Biden data was from December 13, although the Senate focusing on a government spending package and going on a holiday break no doubt meant it likely wouldn’t be dealing with judicial picks for the subsequent several weeks. As of that point, there were more judges with lifetime posts on the federal judiciary nominated by Democrats than those nominated by Republicans, although there were also 79 vacancies — a total greater than the difference.
Although Republicans are formally taking control of the House in days, the chamber doesn’t have a role in confirming presidential nominees to the federal judiciary, and in the Senate, Democrats will remain in the majority for the next Congress. Flipping partisan control of a Pennsylvania seat, Democrats added a seat to that majority, leaving the Senate 51-49 in their favor. (Vice President Kamala Harris as the legally mandated tiebreaker was the previous reason Democrats led the chamber.) Biden’s rapid pace of judicial nominations and confirmations helps undo some of Trump’s legacy, even if the Supreme Court — to which three of the former president’s picks were confirmed — remains tilted. Filling out the federal judiciary was a big deal for Donald and Senate Republicans.
The Biden team is also prioritizing increased diversity in the president’s nominations, whether that’s in a pick’s personal identity or their professional background. One such nominee highlighted in the Associated Press is Veronica Rossman, who’s the first former federal public defender to serve on the 10th Circuit Court of Appeals. That sort of experience can help judges connect with those before them and better serve the ideals of justice underlying the legal system. “The nominations send a powerful message to the legal community that this kind of public service is open to a lot of people it wasn’t open to before,” White House chief of staff Ron Klain said. “What it says to the public at large is that if you wind up in federal court for whatever reason, you’re much more likely to have a judge who understands where you came from, who you are, and what you’ve been through.” Check out more here.
