Democrats fast-track Biden’s judicial picks before Trump’s takeover

Lame-duck Senate session sees Democrats rushing to confirm Biden’s judges before Republicans take control in January


Reuters November 13, 2024
April Perry, one of Biden's nominees to serve as a federal judge in the Northern District of Illinois, appears before the US Senate Judiciary Committee in Washington, July 31, 2024. (File Photo) Reuters

WASHINGTON:

The Democratic majority in the US Senate initiated a drive to confirm as many of President Joe Biden’s federal judicial nominees as possible, aiming to fill vacancies before Republicans, led by Donald Trump, could assume control and potentially appoint their own candidates.

With Republicans poised to take over the Senate on 3rd January, a vote is planned for one of Biden's nominees, April Perry, a former prosecutor nominated to serve as a district court judge in Illinois.

In total, Biden has nominated 31 judges awaiting Senate confirmation, including Perry. Seventeen have already passed through the Senate Judiciary Committee, awaiting a final vote, while 14 are still under review by the committee.

The US Constitution grants the Senate the authority to confirm lifetime judicial appointments.

Democratic Senate Majority Leader Chuck Schumer confirmed their commitment to confirming as many nominees as possible.

Biden’s 213 nominees have generally been liberals, contrasting with Trump’s 234 judicial appointments, which shifted the judiciary rightward and included a strengthened conservative majority in the Supreme Court.

Biden’s appointments have focused on diversity, with two-thirds being women and minorities, and included Supreme Court Justice Ketanji Brown Jackson.

Facing pressure to confirm remaining nominees quickly, Senate Democrats are concerned about potential delays.

Trump and conservative allies, such as Elon Musk and Mike Davis of the Article III Project, have opposed continued confirmations, advocating a halt.

Senate Republicans, led by Mitch McConnell, have historically opposed Biden’s nominations and supported Trump’s confirmations during his presidency.

The current Senate, with a narrow Democratic majority of 51-49, requires near-unanimous attendance and support from Democrats, with minimal defections, to confirm nominees, given that confirmation requires only a simple majority. However, some members, like Senator Joe Manchin, demand bipartisan support for nominees.

Biden’s allies argue that a final push to confirm nominees will further diversify the judiciary, historically dominated by white men. Biden also announced a new nominee, Tali Farhadian Weinstein, a recent candidate in the Manhattan district attorney race, for a federal judgeship in New York.

Senate Judiciary Committee Chair Dick Durbin stated his intent to confirm as many nominees as possible before the Congress session ends.

Pending appointments include five for federal appeals courts, with two nominees – Adeel Mangi, who would be the first Muslim federal appellate judge, and Ryan Park – facing anticipated opposition from Republicans.

Additionally, 26 trial court nominees await, including Perry, whom Biden initially nominated as Chicago’s chief federal prosecutor, a move blocked by Republican Senator JD Vance after Trump faced federal indictments from Special Counsel Jack Smith.

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