As the political landscape gears up for a potential rematch between President Joe Biden and former President Donald Trump in the November 2024 election, the White House is entering a crucial phase that could determine the legacy of Biden’s impact on the judiciary.
With the possibility of this being Biden’s last chance to shape the judiciary, concerns arise among progressive advocates that he may not match the judicial appointments made by Trump during his four-year term.
Maintaining Senate Control
Despite a promising start, Biden’s pace of judicial appointments slowed in 2023, raising apprehensions among advocates.
Senate Democrats, however, are committing to prioritizing the confirmation of Biden’s judicial nominees in 2024, emphasizing the importance of maintaining control over the Senate to continue shaping the federal bench.
The deceleration in Biden’s judicial appointments in 2023 was attributed to negotiations with Senate Republicans, who exerted influence and engaged in discussions with the White House over potential nominees.
This slower pace has heightened concerns about the diversity of future appointments, especially considering the approaching election that will determine the fate of a second term for Biden and Democratic control of the Senate.
Russ Feingold, a former Democratic US senator, and leader of the American Constitution Society, expressed concerns about the potential halt or impediment to progress if there is a change in the presidency or Senate control.
Throughout his tenure, Biden has prioritized diversifying the judiciary, aiming to counteract the historical overrepresentation of white male judges who were often former prosecutors or law firm partners.
Notably, two-thirds of Biden’s confirmed nominees are individuals of color, with 108 being women, according to the Leadership Conference on Civil and Human Rights.
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Biden Faces ‘Blue Slip’ Challenge
While Biden’s commitment to appointing judges from diverse backgrounds has been evident, challenges have arisen.
Senate Republicans, utilizing the “blue slip” custom, have influenced the pace of nominations, particularly in states with Republican senators who can effectively veto nominees they disapprove of.
As Biden prepares for potential challenges in conservative-leaning states, progressives are urging reconsideration of the “blue slip” custom to facilitate appointments in states where Republican influence could hinder nominations.
The ability to appoint judges in these states is crucial for preventing Republican lawmakers from enacting legislation without the potential check of the courts.
Despite the obstacles, Biden has announced 30 nominees for 2024, and with 53 current vacancies on the federal bench awaiting nominees, there is a possibility to match or exceed Trump’s four-year total.
However, the challenge lies in navigating the “blue slip” custom and securing nominations in states with Republican senators.
As the political landscape unfolds in 2024, the trajectory of Biden’s judicial legacy remains uncertain, with the dynamics of Senate control and the ability to overcome partisan hurdles playing a pivotal role in shaping the future composition of the federal judiciary.
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