In a significant milestone, President Joe Biden has surpassed his predecessor Donald Trump’s record for judicial confirmations, securing his 235th federal judge appointee in his first term. The accomplishment underscores the emphasis Democrats have placed on the judiciary following Trump’s far-reaching impact on the courts during his tenure.
Democrats Prioritize Reshaping Federal Bench
Recognizing the lasting influence of Trump’s three Supreme Court appointments and over 230 other judicial confirmations, Biden and Senate Democrats made it a top priority to counter the former president’s judicial legacy. Senate Majority Leader Chuck Schumer pushed through votes on two final California district judges before the end of the congressional session, bringing Biden’s total one above Trump’s.
Emphasis on Diversity and Professional Background
The Biden administration has focused on nominating women, people of color, and those with diverse professional experiences to the federal bench. Approximately two-thirds of Biden’s judicial picks are women, and a majority are racial or ethnic minorities. Biden also appointed Justice Ketanji Brown Jackson as the first Black woman to serve on the Supreme Court.
We consciously moved forward to bring more women to the bench, and believe me, we had a great talent pool to work with. So I think it’ll enhance the image of the court and its work product to bring these new judges on.
– Senator Dick Durbin, Chair of the Senate Judiciary Committee
In addition to demographic diversity, Biden has appointed over 45 former public defenders and more than two dozen civil rights lawyers, broadening the range of backgrounds on the federal judiciary. These efforts aim to build public trust and inspire a wider array of legal professionals to pursue judicial roles.
Overcoming Challenges in an Evenly Split Senate
Despite holding only a slim 50-50 majority in the Senate, Democrats remained laser-focused on judicial confirmations. Majority Leader Schumer consistently scheduled votes on nominees, spurred by pressure from liberal advocacy groups to match the urgency Republicans showed under Trump.
- District Court Appointments: Biden outpaced Trump, securing more district court judges in his first term.
- Appeals Court Appointments: Trump maintained an edge, with 54 circuit court confirmations to Biden’s 45.
The discrepancy in higher court appointments largely stems from the fact that Republicans pushed through the confirmation of Justice Amy Coney Barrett to fill Ruth Bader Ginsburg’s Supreme Court seat just before the 2020 election, a move that still rankles Democrats.
Looking Ahead to Trump’s Second Term
As Trump prepares to enter his second term, he will inherit roughly 35 judicial vacancies, a number expected to grow as more Republican-appointed judges postponed retirement in anticipation of a GOP victory in 2024. Senator Chuck Grassley, the incoming chair of the Judiciary Committee, has vowed to surpass Biden’s confirmation numbers, setting the stage for another round of intense focus on the courts.
Let me assure you, by January 20 of 2029, Trump will be bragging about getting 240 judges.
– Senator Chuck Grassley
Democrats, while proud of their accomplishments over the past four years, acknowledge that their work to shape the judiciary is far from over. Senator Richard Blumenthal warns that the party must remain vigilant in vetting Trump’s nominees in the coming years.
The battle over the federal courts is set to remain a defining feature of American politics, with both parties recognizing the judiciary’s crucial role in shaping policy on issues ranging from abortion rights and affirmative action to environmental regulations and public health. As Biden’s first term comes to a close, his judicial confirmation record stands as a key part of his legacy, even as the future balance of the courts remains uncertain.
