As President Joe Biden approaches a potentially crucial window in his presidency, concerns among progressive advocates are rising over the pace of his judicial appointments. The White House is gearing up for what could be Biden’s last chance to leave a significant impact on the judiciary, especially as a potential 2024 election rematch looms with his Republican predecessor, Donald Trump.
Despite initially matching or surpassing Trump’s pace in judicial appointments, Biden’s rate slowed in 2023, raising concerns about his ability to continue diversifying the judiciary. Senate Republicans’ influence and negotiations with the White House over nominees contributed to this slowdown.
Russ Feingold, a Democratic former U.S. senator, and leader of the American Constitution Society expressed concerns that if the presidency or Senate switches, the progress in appointing diverse judges may be halted or stifled.
Throughout his tenure, Biden has aimed to enhance diversity in the judiciary, nominating individuals from varied backgrounds. Two-thirds of his confirmed nominees are people of color, and 108 are women, according to the Leadership Conference on Civil and Human Rights.
In 2023, Senate Democrats confirmed 69 judges, falling behind Trump’s third-year pace of 102 confirmations. The Senate Judiciary Committee faced challenges processing nominees due to the absence of Democratic Senator Dianne Feinstein, who passed away in September.
Biden has announced 30 nominees yet to be confirmed, and with 53 current vacancies on the federal bench, he could potentially match Trump’s four-year total in 2024. However, 22 of the vacancies are in states with Republican senators, who, through the “blue slip” custom, can effectively veto nominees.
Progressive groups advocate for abandoning the “blue slip” custom, arguing that it hinders Biden’s ability to appoint judges in conservative-leaning states. The White House aims to demonstrate compromise, with recent confirmations in states with Republican senators and nominations pending in other conservative-leaning states.
As Biden closes out 2023, the nomination of judges in states with Republican senators, including Texas, is in focus, highlighting the critical window he faces to shape the judiciary.
