The Senate has confirmed the 200th federal judge of President Joe Biden’s tenure, marking a significant milestone in his administration. This achievement, reached about a month earlier than Donald Trump did during his term, reflects the emphasis Biden and Senate Majority Leader Chuck Schumer placed on judicial confirmations after Trump made a lasting impact on the federal judiciary. Despite starting with fewer vacancies in influential courts, Biden’s administration has been moving at a steady pace in confirming judges.
Biden has expressed the importance of nominating individuals who excel in their professional careers, reflect the communities they serve, and apply the law impartially. However, there are still obstacles to overcome in surpassing Trump’s total of 234 judges before the year ends. Some Democratic senators have shown reluctance to support nominees who lack bipartisan support, adding to the challenges faced by the White House as they seek to reach their target. Despite these challenges, the administration remains hopeful that reaching 235 judges is possible.
The competition to fill judicial vacancies becomes more intense as senators shift into election-year campaign mode, with limited time on the Senate floor calendar. Home-state senators in states with two Republican senators still hold considerable influence over district court judge nominations. While Democrats have largely supported Biden’s judicial nominees, cracks in that resolve have emerged recently, creating additional hurdles for the administration.
The Biden administration’s efforts to diversify the federal judiciary have been noticeable, with a focus on adding more female and minority judges to the bench. Of the 200 judges confirmed, 127 are women, and there is greater representation of Black, Hispanic, Asian American, Native Hawaiian, and Pacific Islander judges compared to previous administrations. The appellate courts have also seen increased diversity, with more Hispanic judges confirmed than in any other administration.
Conservatives argue that diversity should not be the primary focus in judicial nominations, emphasizing the importance of finding individuals who are faithful to the Constitution and the rule of law. GOP senators criticize what they perceive as an excessive focus on “identity politics” in Biden’s nominees. Proponents of diversifying the federal judiciary argue that diversity enhances public trust in the legal process, as individuals are more likely to have confidence in a system that includes judges with diverse backgrounds and experiences.
As Biden continues to nominate judges with backgrounds in key issues like abortion access, both sides debate the importance of diversity versus adherence to constitutional principles. While liberals applaud the administration’s progress in diversifying the federal judiciary, conservative groups argue that competence and adherence to the rule of law should be the primary considerations in judicial nominations. The debate over the role of diversity in shaping the federal judiciary remains ongoing as Biden pushes forward with his judicial appointments.
