With only a very limited amount of time left in his term, President Biden and Democrats are seeking to break former President Trump’s judicial record and confirm more than the 234 federal judges appointed by his predecessor.
“Since Democrats reclaimed the White House and the Senate majority in January 2021, we have been committed to advancing highly qualified nominees for lifetime appointments to the federal courts who reflect the real American experience. The seven nominees we voted for today are no exception, as the Committee continues to restore balance to the federal courts,” Senate Judiciary Committee Chairman Dick Durbin (D-Ill.) said in a statement last week after the seven nominees were advanced out of the committee.
So far, Democrats have been successful in confirming 205 of Biden’s judicial nominees, matching the 205 judges confirmed by President Trump at that point in his term.
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Biden, with the help of Senate Democrats, is aiming to undermine Trump’s judicial record. (Getty Images)
“If Democrats lose the White House, there will be intense pressure on Senator Schumer to confirm as many judicial nominees as possible to solidify President Biden’s record on this issue,” said Ron Bonjean, a former spokesman for former Sen. Trent Lott, R-Mississippi, and former chief of staff for the Senate Republican Conference.
“It will be especially important for Biden to showcase his accomplishments, especially after the lack of significant legislative accomplishments over the past two years,” added Bonjean, who also ran communications for Supreme Court Justice Neil Gorsuch’s Senate confirmation.
“If Washington continues to stall, this could become more of a standard operating procedure.”
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Democratic Senators Dick Durbin (left) and Chuck Schumer (right) (Sarah Silbiger/Kevin Dietsch)
Mike Davis, former chief nomination counsel to Sen. Chuck Grassley (R-Iowa), chairman of the Senate Judiciary Committee, said Trump’s “biggest and most important achievement” has been “restoring the Supreme Court to its first constitutionalist majority in 90 years and appointing nearly all of its crucial lower court judges to a record number.”
“President Biden and Vice President Kamala Harris will surpass that number by appointing radical justices, and President Kamala Harris will appoint radical leftists to take control of the Supreme Court,” he predicted.
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“Biden is likely going to do everything in his power to get as many judges confirmed as possible, given his desperation to restore his overall record of success,” said Carrie Severino, executive director of the Judicial Crisis Network.
She noted that despite his efforts, Biden has not been able to secure as many circuit court and Supreme Court nominees as Trump.
“When you look at objective things like the Supreme Court versus district court conflicts over appeals court nominations, it’s clear that even when you look at it quantitatively, Trump actually was able to make better nominations and fill better vacancies,” she said.
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Supreme Court Justices Gorsuch and Kavanaugh are two of three nominees by President Trump. (Doug Mills/The New York Times, Pool via The Associated Press)
When it comes to judicial appointments, both Trump and Biden have far outperformed previous presidents, with Trump taking just half the time to appoint nearly as many appeals court judges as former President Barack Obama.
“Judges matter — they have the power to either uphold fundamental rights or roll back,” Biden said in a statement celebrating the 200th appointment in May.
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“I will continue to fulfill my solemn responsibility to nominate someone who will excel in their professional career, reflect the community they serve, and apply the law fairly and impartially,” he said.
But that could be a tough task, as the Senate is in recess for the remainder of August and again in October ahead of the November election, and lawmakers will have to juggle the nomination with other major legislation, including the National Defense Authorization Act (NDAA) and annual spending bills, while in session.
