President Biden and the Democrats are striving to surpass former President Trump’s record in judicial appointments, aiming to confirm more than the 234 federal judges his administration appointed, despite the limited timeframe they have until the end of his term.
“Since regaining control of the White House and the Senate in January 2021, we have been dedicated to promoting highly qualified nominees for lifetime positions in the federal judiciary, reflecting the diverse experiences of our nation. The seven nominees we voted on today exemplify this commitment. The Committee will persist in restoring balance to the federal courts,” stated Senate Judiciary Chairman Dick Durbin, D-Ill., in a recent announcement following the advancement of seven nominees from the committee.
To date, Democrats have successfully confirmed 205 of Biden’s judicial nominees, matching the total number of judges Trump had confirmed at the same point in his tenure.
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Biden aims to surpass Trump’s judicial record with the support of Senate Democrats. (Getty Images)
“If Democrats lose the White House, there will be considerable pressure on Senator Schumer to confirm as many judicial nominees as possible to solidify President Biden’s legacy in this domain,” remarked Ron Bonjean, a former spokesman for ex-Sen. Trent Lott, R-Miss., and previous chief of staff for the Senate Republican Conference.
“With the lack of significant legislative success, particularly in the last two years, demonstrating an accomplishment in confirmations becomes essential for Biden,” Bonjean, who was involved in the Senate confirmation of Supreme Court Justice Neil Gorsuch, noted.
“This could turn into a standard procedure if legislative gridlock persists in Washington.”
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Democratic Senators Dick Durbin (left) and Chuck Schumer (right) (Sarah Silbiger/Kevin Dietsch)
Mike Davis, the former chief counsel for nominations to ex-Senate Judiciary Chairman Chuck Grassley, R-Iowa, highlighted that Trump’s “reformation of the Supreme Court into the first constitutionalist majority in nearly a century, along with the near-record appointment of crucial lower-court judges,” was his “most significant and impactful achievement.”
He anticipated that “President Biden and Vice President Kamala Harris will surpass that number with their appointments of progressive judges, and a President Kamala Harris would appoint far-left judges to dominate the Supreme Court.”
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Harris would have the authority to select her own nominees if she were to become president. (Ken Cedeno/UPI/Bloomberg via Getty Images)
According to Carrie Severino, the president of the Judicial Crisis Network, “I have no doubt that Biden will strive to confirm as many judges as possible, primarily to preserve his overall legacy.”
She emphasized that Biden has struggled to attain the same level of circuit and Supreme Court nominations as Trump, despite his extensive efforts.
“It’s evident that, quantitatively, in terms of objective measures like Supreme Court versus district court appointments, Trump had superior nominations or more vacancies to fill,” she remarked.
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Supreme Court Justices Gorsuch and Kavanaugh were among the three appointed by Trump. (Doug Mills/The New York Times via AP, Pool)
Both Trump and Biden have made notable advancements in judicial appointments compared to prior presidents. Trump, particularly, appointed nearly as many appellate judges as President Obama did within a shorter timeframe.
In a statement celebrating his 200th appointment in May, Biden remarked, “Judges are significant. These individuals hold the power to protect fundamental rights or to dismantle them.”
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He outlined his intentions for continuing to promote his nominations in the limited time left available to the Senate. “Moving forward, I will uphold my solemn duty to nominate individuals who have excelled professionally, represent the communities they serve, and apply the law without bias,” he stated.
However, this task may present challenges as the Senate will be in recess for all of August and October leading up to the November general elections. When in session, lawmakers will also need to manage nominations alongside critical legislative matters, such as the National Defense Authorization Act (NDAA) and annual appropriations bills.
