The final legislative session under President Joe Biden witnesses a fervent push by Senate Democrats to confirm numerous judicial nominees.
According to the New York Post, despite previous bipartisan arrangements to leave significant judicial vacancies for the next administration, Senate Democrats advance with rapid confirmations.
Senate Majority Leader Chuck Schumer acknowledged a "handshake agreement" with Republican counterparts, promising to withhold four appellate court nominations, leaving them to President-elect Donald Trump. Despite the shortage of votes needed for these contenders, the strategy forms part of a broader attempt to secure a legacy of judicial appointments comparable to that of Trump, who achieved 245 confirmations.
A strategic decision was conveyed by Senator Schumer’s spokesperson: "The trade was four circuit nominees — all lacking the votes to get confirmed — for more than triple the number of additional judges moving forward." This decision is seen as a significant maneuver by Democrats to fortify the judiciary with more liberal leanings before the transition of power.
President Biden, since his inauguration, has marked a substantial number of judge confirmations reaching near the total achieved by his predecessor, Donald Trump. This intensive drive includes controversial figures such as Cynthia Valenzuela Dixon, whose earlier confirmation overcame procedural challenges in a slim vote.
The rapid confirmations have not proceeded without criticism. Republican senators, led by figures like Senator John Kennedy, have pointedly scrutinized the nominees.
During confirmation hearings, past progressive stances, particularly those involving civil rights and criminal justice reforms, were highlighted, raising concerns about the nominees' impartiality and the overt political influences on judicial appointments.
In response to the Democrats' approach, President-elect Donald Trump expressed his disapproval of Truth Social, accusing Democrats of attempting to stack the judiciary. "The Democrats are trying to stack the Courts with Radical Left Judges on their way out the door."
Additionally, Senator Thom Tillis spoke out against the Democrats' hurried confirmations, stressing the importance of adhering to the bipartisan agreement made. "I expect that the judges who submitted their retirements will not play partisan politics with a presidential transition and a bipartisan Senate deal by going back on their word to retire," he mentioned.
Following the Thanksgiving recess, more nominees like Brian Murphy and Sparkle Sooknanan await Senate votes. Amidst the scrutiny, past advocacy and positions resurface, complicating their confirmation prospects.
In particular, Murphy faced inquiries about his previous support for decriminalizing certain non-violent offenses which he had failed to disclose earlier.
Even with GOP absences affecting the outcome, U.S. Magistrate Judge Embry Kidd’s confirmation to the 11th Circuit Court was a narrow success, despite his past controversial slack sentencing for child sex offenses. This appointment, along with others, underscores the profound partisan divide affecting judicial confirmations.
Republican dismay continues about the perceived leftward tilt of judicial appointments. The implications of such decisively partisan moves are feared to undermine the courts' role as an impartial arbitrator in American law and governance.
As the current administration's days wane, the juxtaposition between rapid judicial appointments and pending vacancies reserved for the incoming president captures a critical moment reflecting the ongoing tug-of-war over the ideological balances within the U.S. judicial system.
