Senate’s Accelerated Push for Biden’s Judges: What’s the Real Impact?

Senate Democrats strike a deal with Republicans, abandoning four of Biden’s appellate court nominees in exchange for expedited confirmations of district court judges.

At a Glance

  • Senate reaches agreement to confirm six of Biden’s judicial nominees after Thanksgiving
  • Four appellate court nominees excluded from the deal, including the potential first Muslim American federal appellate judge
  • Biden has confirmed 221 judges, nearing Trump’s first-term total of 234
  • Republicans forced procedural votes and late-night sessions to delay confirmations
  • Liberal groups express disappointment, urging confirmation of all nominees before year’s end

Senate’s Judicial Confirmation Deal: A Mixed Bag for Biden’s Nominees

In a strategic move that has left many liberals dissatisfied, Senate Democrats have brokered a deal with Republicans to advance President Biden’s judicial nominees. The agreement, however, comes at a cost: four of Biden’s appellate court nominees have been left out in the cold. This compromise highlights the ongoing battle between the Biden administration’s attempts to reshape the federal judiciary and Republican efforts to slow the process.

The deal allows for the confirmation of six district court judges after the Thanksgiving recess, bringing Biden’s total judicial confirmations to 221. This number inches closer to former President Trump’s first-term total of 234, underscoring the high stakes in this judicial appointment race. However, the exclusion of four circuit judge nominations, including that of Adeel Abdullah Mangi, who would have been the first Muslim American federal appellate court judge, has raised eyebrows and sparked criticism from liberal groups.

Republican Resistance and Democratic Compromise

Republicans have been employing tactics to delay confirmations, forcing procedural votes and late-night sessions. This obstructionism aligns with former President Trump’s recent call for Republicans to resist Democrats’ efforts to appoint liberal judges. The GOP’s strategy has effectively slowed down the confirmation process, leading to this compromise.

Senate Majority Leader Chuck Schumer, while expressing satisfaction with the progress made, has had to make tough choices. The deal allows for bypassing procedural hurdles for six district judge nominees but at the cost of not pushing for the confirmation of Biden’s remaining nominees to the appeals courts. This trade-off has been met with mixed reactions, with some viewing it as a necessary evil to ensure at least some confirmations move forward.

Liberal Backlash and Concerns for Future Nominations

The compromise has not sat well with liberal groups and some Democratic senators. They argue that all nominees should be confirmed before the end of the 118th Congress, expressing concern about setting a dangerous precedent of retreating in the face of Republican opposition. This sentiment is particularly poignant given the looming possibility of a change in administration after the next election.

The exclusion of circuit court nominees, traditionally more contentious appointments, has been particularly criticized. The potential loss of diverse candidates like Adeel Abdullah Mangi has been seen as a significant setback in efforts to increase representation on the federal bench. Critics argue that this compromise could embolden future Republican obstruction tactics.

Looking Ahead: The Senate’s Judicial Confirmation Focus

Despite the controversy, Schumer has emphasized the Senate’s commitment to fulfilling its constitutional role in confirming judicial nominees. The focus now shifts to the upcoming confirmation votes scheduled after the Thanksgiving recess. With six more Biden judicial nominees reported favorably by the Senate Judiciary Committee, the stage is set for further action on the Senate floor.