The 213rd federal judge of the Biden administration was confirmed by the Senate this week, and Democrats are now using the post-election lame-duck session to complete their own assessment of the judiciary, comparing the number of judges appointed during the Trump era with I’m thinking of making it the same number. management.
As they leave town pending the election, Democratic leaders said they intend to seek as many endorsements as possible in November and December. The move is part of an effort to rebalance the federal courts after former President Donald J. Trump successfully appointed 234 mostly conservative judges to the federal bench.
But depending on the results of the Nov. 5 election and Democrats’ dedication to confirming judges, the Senate could have to spend the weekend confirming nominees over Republican opposition. This may determine how aggressively the company takes action.
“That could require a long session,” warned Sen. Richard J. Durbin, an Illinois Democrat who leads the Judiciary Committee and has overseen Democratic judicial efforts.
Even without the pressure of a lame duck, Mr. Durbin and his fellow Democrats have learned that under President Biden, the Senate was run with a 50-50 margin for two years, and the House was run with the last two seats. When I think about it, I believe Mr. Durbin has achieved what he called a “political miracle.” There are also people between the ages of 51 and 49 who are absent for long periods of time.
“I never thought we would get to those numbers, but we were determined to get there,” Durbin said in an interview, noting that Senate Democrats now control more than 25% of the federal judiciary. “The White House has been very supportive and produced excellent candidates, and I have nothing but respect for the committee. This is a difficult task.”
In addition to numbers, the candidates considered by the committee were historically diverse, given the traditional makeup of the federal judiciary and the long-standing practice of putting prosecutors on federal benches. Of those confirmed to date, 64% are women, including 40% women of color, including Justice Ketanji Brown Jackson, the first black woman appointed to the Supreme Court. It is.
In terms of occupational diversity, of those identified, 40 worked as public defenders, 14 worked as civil rights lawyers, eight worked as labor lawyers, 80 worked as prosecutors, and 188 worked as judges at some level. I was working as a.
“These justices are the most diverse group of nominees the court has ever seen,” said Sen. Chuck Schumer, the New York Democrat and majority leader. “Nearly two-thirds are women, two-thirds are people of color, and there are more Hispanic, Asian, and Indigenous women and LGBTQ judges on federal courts than during a full-time presidential term. It was confirmed that
The judicial success came despite resistance from Senate Republicans, who attacked some of the Democratic nominees as extreme and unqualified.
Sen. Mitch McConnell, Republican of Kentucky and minority leader, said earlier this month that “Senate Republicans can now assure their colleagues that they are no longer as willing to crush radicals on Capitol Hill as they were in July.” said.
While some progressive groups have called on Democrats to be more aggressive, Durbin and some of his colleagues have given their home state senators de facto veto power over federal district court nominees. I believe we made the right decision in not ending that Senate tradition.
The decision meant Democrats could not fill vacancies in states such as Mississippi and Missouri, which are represented by Republicans who refused to endorse candidates recommended by the White House. But Democrats argue that by preserving so-called “blue slip” confirmations for home state senators, they were able to prevent a partisan breakdown on the Judiciary Committee that would have stalled other nominees. I am doing it.
Negotiations with Republicans did produce some breakthroughs. States with two Republican senators have confirmed 31 judges, and states with one Republican senator have confirmed 13 judges.
“I think we did the right thing,” Durbin said.
The question now is what will happen when the Senate returns in November. With nearly 30 nominees awaiting floor and committee votes, Democrats have a chance to surpass the number of judges confirmed during the Trump administration.
But gaining approval from more than 20 justices will require significant floor time and a concerted effort as lawmakers eager to wrap up this year. Some of those waiting to vote have faced opposition from Democrats. This week’s decision to postpone the spending fight to December could give Democrats more time to work together, but the Senate isn’t known for long working hours these days.
If Democrats lose the Senate or the White House in November’s vote, that could provide an incentive for them to push through as many judicial nominees as possible before power changes hands in January.
“We need to keep our foot on the gas until the end,” said Sen. Richard Blumenthal, D-Conn., a member of the Judiciary Committee. “I think we’re all ready to work hard on the judges and make that a priority. We anticipate that we may end up spending the weekend in a lame duck situation.”
Republicans are skeptical that Senate Democrats will be so enthusiastic about the year-end judicial marathon as the end of the session approaches. They expect most of Congress’ energy will be spent resolving spending issues and several other important legislative matters.
“I’m going to believe it when I see it,” Sen. John Cornyn, R-Texas and ranking member of the Judiciary Committee, said of the prospects for the weekend session. “I don’t see why we need to facilitate the judge’s time when he doesn’t have a lot of time.”
Despite Republican doubts, Durbin said he wants to improve President Trump’s record. But he said the potential shortfall of a few judges should not undermine the gains Democrats were able to make in a difficult environment.
“It would be great to put that icing on the cake,” he said. “But we’ve turned an important corner where we are now, and we intend to do a lot more before it’s over.”
