As the Biden administration celebrates its 213th judicial confirmation, Democrats are already strategizing to boost their numbers further.
With an eye on the post-election lame duck session, the party aims to confirm enough judges to match the 234 appointments made during the Trump administration, as the New York Times reports.
This effort is part of a broader plan to rebalance the judiciary, which Republicans have shifted in a more conservative direction during the previous administration. Democrats see the upcoming November and December legislative window as a critical opportunity to close the gap, despite the narrow majority in the Senate and strong Republican opposition.
The Biden administration’s judicial confirmations have already reshaped a significant portion of the federal judiciary, turning over about 25% of its total makeup. Senate Democrats, led by Sen. Richard J. Durbin, have expressed a strong commitment to pushing through additional confirmations in the post-election session, even if it means holding extended meetings to approve nominees.
"That may mean some long sessions," Durbin acknowledged, indicating the party's willingness to work through weekends if necessary to meet its goal of confirming more judges before the congressional session ends. The Nov. 5 election will also be a key factor, as it could determine how aggressively Democrats pursue confirmations during this period. The Senate operated with a 50-50 split for two years under President Biden before moving to a 51-49 margin, making it a challenge to get nominees approved.
The diversity of Biden’s judicial picks is a point of pride for Senate Majority Leader Chuck Schumer, who noted his belief that these nominees have made the federal judiciary more reflective of the American population than ever before. "These judges are the most diverse group of nominees the bench has ever seen," Schumer said.
Of the 213 judges confirmed under Biden, 64% are women, and 40% are women of color. This includes Justice Ketanji Brown Jackson, who became the first Black woman to serve on the U.S. Supreme Court. Additionally, the group includes nominees from a wide range of professional backgrounds, including former public defenders, civil rights attorneys, and labor lawyers.
In total, Biden’s confirmed nominees include 40 former public defenders, 14 civil rights lawyers, and eight labor lawyers, in addition to 188 judges who served in other capacities. These appointments represent, Democrats say, a significant shift toward professional diversity on the federal bench, a stark contrast to the predominantly prosecutorial and corporate backgrounds of many Trump appointees.
Despite Democratic enthusiasm, the process has not been without its challenges. Republicans have pushed back on many of Biden's nominees, often describing them as extreme or unqualified. Their opposition has led to heated debates on the Senate floor and lengthy confirmation sessions. However, Democrats, bolstered by their narrow majority, have managed to overcome these hurdles, pushing through an unprecedented number of diverse judicial appointments. "I didn’t think we’d ever get to these numbers, but we were determined to do so," Durbin said.
With the possibility of long sessions ahead, Democrats are committed to matching the pace set by the Trump administration's 234 judicial appointments. They believe these efforts will help restore balance to the judiciary after the conservative shift it underwent during Trump’s presidency.
The upcoming post-election session is likely to be a critical period for Democrats to finalize their judicial confirmation efforts. Durbin has already indicated that the Senate Judiciary Committee is prepared to push through additional nominees, even if it requires extra time and effort.
Schumer remains optimistic about the impact of these confirmations, stating that the diversity of the appointees will have a lasting effect on the federal bench. "Nearly two-thirds are women, two-thirds are people of color, and we’ve confirmed more Hispanic, Asian, and Native women and more LGBTQ judges to the federal bench than under any other president’s full time in office," Schumer said.
As the Nov. 5 election looms, the outcome will undoubtedly influence how aggressively Senate Democrats can move forward with their confirmation strategy. Nevertheless, they are determined to continue reshaping the judiciary, even in the face of significant opposition.
