Politics
Joe Biden and Democrats seal judicial confirmation to beat Donald Trump's tally
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Joe Biden stamped his legacy on the federal bench after Senate Democrats rushed to confirm more than 200 nominees for lifetime court appointments across the United States, surpassing Donald Trump's total in his first presidency.
The number of judges appointed by Biden reached 235 as Congress finished its final session last week, surpassing the 234 federal judges confirmed by Trump during his first term. This is the most judges appointed by a president in a single four-year term since the 1980s, Biden said in a statement.
As Biden's presidency draws to a close, Democrats in the Senate, responsible for confirming federal judges, have pushed to secure as many confirmations as possible before control of Congress and the White House is ceded to Republicans on next month.
They hope this final push will counter the wave of judicial confirmations during Trump's first term that has fundamentally reshaped the American justice system, tilting courts at every level to the right.
Trump's nomination of three justices to the Supreme Court also skewed the ideological scale of the nation's most powerful judiciary, splitting it 6-3 between conservative and liberal justices.
United States Supreme Court Justices. Trump named three members of the current bench, compared to one for Joe Biden Olivier Douliery/AFP/Getty Images
The Supreme Court's conservative majority has since issued decisions that have reverberated throughout American society, including overturning a decision enshrining the constitutional right to abortion, which in turn has emboldened the courts' right-wing justices inferiors, many of whom were appointed by Trump, to rule. favor of conservative causes.
The growing audacity of the American justice system, coupled with an increasingly polarized political landscape, has made appointments a critical frontier of presidential power. Judges at all levels have the ability to weigh in on challenges to the administration's rules and laws, providing powerful oversight over controversial policies.
The Democrats' last-minute push, which began after Democratic Party nominee Kamala Harris' election defeat in November, infuriated Trump. He called on the Senate to block Biden's judicial nominations: Democrats are trying to pack the courts with radical left judges before exiting.
There has been growing polarization around the appointment of federal judges, said Paul Butler, a professor at the Georgetown University Law Center. The Republican Party has always prioritized judicial choices, and Biden took a cue from that playbook, Butler added.
Biden's nominations also stand out for their diversity, including what he described as a record number of judges whose backgrounds and experiences have long been overlooked.
About two-thirds of confirmed judges are women and people of color. Biden appointed more Black women to U.S. circuit courts than all previous presidents combined, and his only Supreme Court nominee, Ketanji Brown Jackson, was the first Black woman to the higher courts.
Biden's goal has been to address all the decades in which people other than heterosexual white men were not considered for seats on the bench, Butler said.
Biden also chose a record number of public defenders, more than 45, as well as labor and civil rights attorneys, at least 10 and more than 25, respectively, for the federal bench.
It is absolutely crucial for a thriving multiracial democracy that there are judges who not only look like all of us, but who have studied and spent their careers understanding how laws impact people's lives, said Lena Zwarensteyn, director Principal of the Fair Courts Program at The Leadership Conference on Civil and Human Rights, a civil rights group.
The pendulum is about to swing back once again. A new wave of conservative judicial nominations is expected once Trump returns to the White House next month and Republicans take control of the Senate.
I am incredibly proud of how the Senate Republican Conference worked as a team with former President Trump to shape the federal judiciary, John Thune, the new Senate Republican leader, said earlier this year. I look forward to working with him to redouble our efforts during his next term.
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