A bipartisan bill to add 66 new federal judgeships faces an unexpected roadblock following President Trump's reelection victory.
According to AP News, President Biden has threatened to veto legislation that would gradually expand the number of federal judgeships across the country despite the bill's previous unanimous approval in the Senate.
The sudden shift in Democratic support for the measure highlights the contentious nature of judicial appointments in American politics. The bill, which was designed to distribute judicial appointments across three presidential administrations, now faces strong opposition from Democrats who are concerned about giving Trump additional opportunities to shape the federal judiciary during his upcoming term.
House Republicans, led by Judiciary Committee Chairman Jim Jordan, have scheduled a vote on the legislation this week, explaining their delayed timing by saying they "just didn't get to the legislation" earlier. Rep. Jerry Nadler, D-N.Y., counters that he had urged GOP leadership to consider the measure before the presidential election.
The White House's Office of Management and Budget justified the veto threat by pointing out that some states have deliberately held open existing judicial vacancies. They argue this suggests the bill's true motivation may not be addressing judicial workload concerns.
Senate Republican leader Mitch McConnell criticized Biden's potential veto, characterizing it as an act of "selfish spite" from a lame-duck president.
The federal court system has not seen new district judgeships authorized in more than two decades, leading to significant case backlogs. As of June 30th, federal district courts faced nearly 750,000 pending cases, with each judge handling an average of 554 filings.
Judge Timothy Corrigan of the Middle District of Florida expressed concern about the impact of excessive caseloads, stating:
Judges work tirelessly every day to meet growing demands and resolve cases as quickly as possible, but with the volume we have and the shortage of judges we have, it just makes it a very difficult proposition
Rep. Nadler voiced his opposition to the current timing, declaring:
Donald Trump has made clear that he intends to expand the power of the presidency and giving him 25 new judges to appoint gives him one more tool at his disposal to do that
The legislation would create opportunities for Trump to appoint approximately 25 new judges in addition to the expected 100-plus vacancies that will open during his second term. This prospect has dramatically altered the political calculus for Democrats who previously supported the measure.
House Speaker Mike Johnson, drawing from his experience as a federal court litigator, maintains that the expansion is "desperately needed" despite the political controversy. The bill aims to address recommendations from the Judicial Conference of the United States, which has called for additional judgeships to manage increased workload demands.
The legislation's structure would spread the appointments across multiple presidential administrations, with nearly half of the initial batch coming from states where both senators are Democrats.
President Biden faces a crucial decision regarding the expansion of federal judgeships, with his veto threat potentially derailing a bill that previously enjoyed broad bipartisan support. The legislation, designed to address the overwhelming caseload in federal courts by adding 66 new judgeships, has become entangled in political considerations following Trump's election victory, highlighting the deep partisan divisions surrounding judicial appointments.
