President Joe Biden’s judicial nominations have been successful in terms of diversity and confirmation rates, but they fall short when compared to his predecessor Donald Trump. Trump appointed a record number of judges, particularly conservative ones, during his time in office. Biden has appointed fewer judges, and there are still many open seats in the federal judiciary. The slow confirmation process and adherence to the “blue slip” process, which allows senators to approve or disapprove of nominees from their state, are contributing factors to the delay.
The “blue slip” process, like the filibuster, is an outdated tradition that hinders the appointment of judges. Former Senate majority leader Mitch McConnell and Trump ignored this process when it did not align with their goals. Biden and Senate Judiciary Chairman Dick Durbin, on the other hand, are honoring the blue slip process, which has resulted in fewer nominations in states with Republican senators. This adherence to rules that the other side won’t follow puts Biden and Durbin at a disadvantage.
The lack of urgency in filling judicial vacancies is concerning considering the potential impact on various issues such as abortion rights, environmental protection, labor rights, and immigration policy. The courts play a crucial role in shaping policy and Democrats have lost control of the courts, leading to unfavorable outcomes on these issues. Biden and Durbin need to take the courts more seriously and prioritize the appointment of judges who can hold power for decades. The current approach is seen as a failure and a missed opportunity to shape the judiciary in a way that aligns with Democratic policies.
