A view of the U.S. Capitol dome in Washington, D.C., U.S., March 21, 2024. REUTERS/Elizabeth Frantz/File Photo
With the Democratic majority in the U.S. Senate preparing for a shift to Republican control on January 3, Senate Democrats are advancing efforts to confirm as many of President Joe Biden’s federal judicial nominees as possible before the change in power. This push comes ahead of the January 20 inauguration of Donald Trump, following his November 5 presidential election victory. The immediate focus is on securing the confirmation of nominees who have already undergone Senate Judiciary Committee reviews and await a final Senate vote.
Current Nomination Status
As of now, President Biden has nominated 31 judicial candidates for federal appointments. Of these, 17 have passed the Senate Judiciary Committee’s initial review and are positioned for a final vote. An additional 14 nominees await committee assessment. Among these is former prosecutor April Perry, nominated to the U.S. District Court in Illinois, whose confirmation vote was set for Tuesday.
Constitutional Authority and Historical Context
The U.S. Constitution grants the Senate the power to confirm judicial appointments for life-tenured positions in the federal judiciary. President Trump, during his first term, made 234 judicial appointments, successfully establishing a conservative influence within the judiciary, including the Supreme Court, where a 6-3 conservative majority now presides. Biden, in contrast, has focused on nominating judges from diverse backgrounds, confirming 213 judges during his tenure, including Justice Ketanji Brown Jackson on the Supreme Court. Approximately two-thirds of Biden’s confirmed judges are women or racial minorities.
Pressures on Senate Democrats
The current Senate majority leader, Chuck Schumer, expressed the urgency in confirming nominees, noting the Democrats’ intention to confirm “as many [nominees] as we can” before the transfer of Senate control. Republicans have shown opposition to these efforts, with former President Trump calling on the Senate to halt confirmations of Biden’s nominees. Additionally, prominent figures such as Elon Musk and Mike Davis, a conservative advocate from the Article III Project, have voiced concerns about what they perceive as “activist” judicial nominees.
The Democrats hold a narrow 51-49 Senate majority, and the success of these confirmations depends on minimal defections. Senator Joe Manchin, an independent who caucuses with Democrats, stated he would only support nominees who receive at least one Republican vote, complicating the process. The Senate’s agenda is further constrained by time-sensitive legislation, including spending bills required to avoid a government shutdown.
Diversity and Legacy Goals
President Biden’s administration has emphasized diversifying the federal judiciary, historically dominated by white males, by nominating judges from varied backgrounds and professional paths. Recently, Biden nominated Tali Farhadian Weinstein, a former Democratic primary candidate for Manhattan district attorney, as a federal district judge in New York.
A spokesperson for Senator Dick Durbin, the Senate Judiciary Committee Chair, affirmed the commitment to confirm “every possible nominee” by the end of this Congress.
Republican Opposition and Potential Blocks
Several of Biden’s nominees for influential appellate courts face expected opposition from Republicans. Notably, Republicans have declared intentions to block nominees such as Adeel Mangi, who would be the first Muslim federal appellate judge, and Ryan Park, the North Carolina Solicitor General who previously defended affirmative action policies. In addition to appellate court nominees, Biden has 26 district court nominees awaiting confirmation, including Perry.
Republican Senator JD Vance, a prominent Trump ally, has previously delayed Biden’s nominees to the Department of Justice, protesting the federal indictments against Trump led by Special Counsel Jack Smith. Vance’s influence may complicate additional judicial confirmations as he now holds the position of Trump’s chosen vice-presidential running mate.
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