Biden Surpasses Trump in Judicial Appointments with Record Diversity

 December 21, 2024

President Joe Biden secures a noteworthy milestone in judicial appointments.

The Senate recently confirmed President Biden's 235th judicial appointee, surpassing the number installed by Donald Trump during his first term, CBS News reported.

On Friday, the Senate confirmed Benjamin Cheeks and Serena Murillo as judges to the federal district courts in Southern and Central California, respectively. These confirmations have highlighted the diversity and extensive reach of Biden’s influence on the federal judiciary.

President Biden's Focus on Judicial Diversity

President Biden’s judicial appointments are lauded for their diversity, marking a significant shift in the composition of the federal courts. Justice Ketanji Brown Jackson, the first Black woman appointed to the Supreme Court, is among Biden’s notable appointees, following the retirement of Justice Stephen Breyer in 2022.

During Biden's tenure, he nominated more than one-fourth of the current federal judges. His nominations include Justice Jackson, 45 federal appeals court judges, 187 district court judges, and two judges for the Court of International Trade.

Before Biden's presidency, Donald Trump appointed three Supreme Court justices: Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. Trump filled more appellate-level vacancies during his term, while Biden began his presidency with only two appellate vacancies.

Sen. Dick Durbin highlighted the significance of recent judicial confirmations, stating:
"Today, we celebrate one of the most important accomplishments of this Democratic Senate and the Biden-Harris administration: confirming highly qualified, independent, and evenhanded judges to the federal bench. President Biden has nominated more than one out of every four judges now serving on the judicial bench."

Challenges and Political Reactions

The dynamics of judicial appointments have been profoundly influenced by political changes. Several judges opted to delay their retirements due to Donald Trump’s re-election and the subsequent shift in Senate control, which could affect future judicial confirmations.

One such judge, James Wynn of the 4th Circuit, alongside Max Cogburn and Algenon Marbley, decided against taking senior status, a decision Senator Thom Tillis criticized as "brazenly partisan" and seemingly motivated by political considerations.

Despite bipartisan efforts, a deal between Senate Democrats and Republicans led to the expedited consideration of Biden’s district court nominees, but did not extend to four appellate nominations.

Looking Ahead: Judicial Vacancies and Future Appointments

As Trump prepares to assume office again, he will be greeted by several judicial vacancies, including four on courts of appeals and over 30 on district courts. These vacancies present an opportunity for the upcoming administration to significantly influence the federal judiciary.

The strategic and often politically charged nature of judicial appointments underscores the profound impact that both President Biden and his predecessor, Donald Trump, have had on the federal judiciary. Biden’s focus on diversity and the number of appointments made have reshaped the landscape of federal courts, contributing to a legacy that will influence judicial decisions for years to come.

As President Biden's term draws to a close, the lasting impact of his judicial appointments — particularly in terms of diversity and representation — remains a significant aspect of his administration's legacy.

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