The Senate has confirmed two more of President Biden’s nominees to the federal judiciary, bringing his total to 235 since taking office. This surpasses the number of judges approved for lifetime appointment during President Trump’s first term. Benjamin Cheeks was confirmed to the federal district court in Southern California, followed by Serena Murillo to the federal district court in Central California.
As President Biden nears the end of his presidency, he will have appointed one Supreme Court justice, 45 judges to the federal appeals courts, 187 to the district courts, and two to the Court of International Trade. Justice Ketanji Brown Jackson made history as the first Black woman to serve on the nation’s highest court.
Senator Dick Durbin, chair of the Judiciary Committee, celebrated the confirmation of these judges, stating that more than one out of every four judges serving on the bench was nominated by President Biden. The President has also selected a record number of public defenders as federal judges on the appeals courts, making his nominees the most diverse compared to his predecessors.
In recent years, there has been a heightened focus on the judiciary as gridlock in Congress has led to unilateral executive actions on various issues impacting American life. Courts have become the final arbiters in disputes over controversial policies.
While President Biden will have more judicial appointments than Trump, he did not see the same level of success in shaping the Supreme Court. Justice Ketanji Brown Jackson replaced Justice Stephen Breyer, a member of the court’s liberal wing, following his retirement in 2022. In contrast, Trump appointed three justices to the high court, creating a 6-3 conservative supermajority.
President Biden also trails Trump in appointments to the 13 courts of appeals, with 45 judges approved compared to Trump’s 54. However, Trump had an advantage when he took office in 2017, inheriting 17 appellate court vacancies after the Republican-led Senate blocked President Obama’s nominees in the final years of his term. When President Biden began his term, there were only two open seats on the courts of appeals.
With the possibility of a second Trump term on the horizon, some judges who had planned to retire have reversed course. Judge James Wynn of the 4th Circuit informed President Biden that he would no longer assume senior status, leading to the withdrawal of his possible successor, Ryan Park. North Carolina’s Republican senators opposed Park’s nomination, with Senator Thom Tillis criticizing Wynn’s decision as “brazenly partisan.”
Additionally, two district court judges appointed by Democratic presidents, Judges Max Cogburn and Algenon Marbley, also rescinded their plans to take senior status following Trump’s victory. These reversals come after Senate Democrats reached a deal with Republicans to expedite consideration of President Biden’s district court picks.
Republicans, with Trump’s support, had been working to slow the pace of judicial confirmations during the lame-duck session. However, under the agreement, they would forgo procedural roadblocks on district court nominees in exchange for Democrats not bringing up four remaining appellate court nominations for a vote.
Looking ahead, there will be four current or future vacancies on the courts of appeals for President Trump to fill after taking office, along with over 30 vacancies on the district courts. The Administrative Office of the U.S. Courts provides this information.
In conclusion, President Biden’s judicial appointments have made a significant impact on the federal judiciary, with a focus on diversity and qualifications. The confirmation of Justice Ketanji Brown Jackson to the Supreme Court stands out as a historic moment, highlighting the importance of representation on the nation’s highest court. As the administration nears the end of its term, the judiciary remains a crucial battleground for shaping the direction of the country’s legal landscape.
