A contentious negotiation in the Senate reshapes the landscape of President Joe Biden's judicial confirmation strategy as his term nears its end.
According to AP News, Democrats have struck a deal with Republicans to expedite the confirmation of district court judges, bringing Biden closer to matching President-elect Donald Trump's record of 234 judicial appointments, though at the cost of abandoning four appellate court nominations.
The agreement comes amid intense pressure from Senate Republicans, who have employed various procedural tactics to slow down the confirmation process. Senate Majority Leader Chuck Schumer faced multiple late-night sessions this week as he worked to advance Biden's nominees before the Republican takeover of the chamber in January.
The newly brokered deal opens a path for considering seven district court judges immediately following the Thanksgiving break. Senate Democratic leadership has confirmed that an additional six district judges will be placed on the executive calendar for potential December votes.
This strategic shift comes at a significant cost, as four circuit court nominees have been removed from consideration. Among them is Adeel Abdullah Mangi, who would have made history as the first Muslim American federal appellate court judge. Despite his impressive credentials from Oxford and Harvard Law Schools, Mangi's nomination faltered partly due to concerns about his volunteer work.
The other excluded nominees include Karla M. Campbell for the Sixth Circuit, Julia M. Lipez for the First Circuit, and Ryan Young Park for the Fourth Circuit. Their nominations faced particularly challenging circumstances, as circuit court appointments typically encounter fiercer opposition due to their significant role in shaping legal precedents.
Liberal advocacy organizations have expressed strong disapproval of the compromise. The Leadership Conference on Civil and Human Rights, through advisor Lena Zwarensteyn, stated:
Reports that there is a deal that would leave behind critical circuit court nominees are unacceptable. All of these nominees must be confirmed expeditiously before the end of the 118th Congress.
The American Constitution Society's president and former Democratic senator Russ Feingold shared similar sentiments, describing the agreement as "extremely frustrating." He warned that:
All public officials need to be prepared to fight against the extremism that will come when Trump returns to office and retreating in advance is a dangerous precedent to set.
Democratic leadership maintains that the compromise was necessary, as the four circuit court nominees lacked sufficient support for confirmation. The deal provides Democrats with triple the number of other judicial confirmations moving forward, though at the expense of these high-profile appellate nominations.
Senate Democrats, under Schumer's leadership, have prioritized judicial confirmations as a fundamental Senate responsibility. With Biden's current total of 221 confirmed judges, the new agreement positions him to potentially match or approach Trump's first-term record of 234 confirmations.
The compromise reflects the complex political calculations facing Democrats as they navigate the final weeks of their Senate majority. The decision to focus on district court confirmations rather than potentially unsuccessful battles over circuit court nominees demonstrates a practical approach to maximizing confirmations before the chamber changes hands.
Time remains a critical factor as the Senate moves toward adjournment, with Republicans set to assume control in January. This transition adds urgency to the Democratic strategy of securing as many confirmations as possible while maintaining their slim majority.
