President Biden sets record-breaking judicial appointments: Carl Tobias

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President Joe Biden and the Senate recently attained a critical milestone. On May 22, the president and the upper chamber confirmed Angela Martinez to the District of Arizona. She became the 200th federal judge and 155th district jurist whom Biden and the Senate have confirmed.

On May 20, the chamber appointed First Circuit Judge Seth Aframe. He became the 42nd Circuit jurist whom Biden and the Senate have confirmed. In April 2022, Ketanji Brown Jackson became a justice after her June 2021 D.C. Circuit appointment. In February 2024, Lisa Wang and Joseph Laroski captured approval for the Court of International Trade. Thus, Biden has appointed 200 new federal judges, a total which former President Donald Trump and the Senate did not confirm until June 3, 2020.

One essential duty that the Constitution assigns the president and Senate is nominating and confirming excellent people to fill vacancies across the Supreme Court, the 12 regional circuits, and the 42nd districts. Over Biden’s presidency, his masterful, robust leadership, solidified in a half century of vice presidential and chamber service, help Biden and senators felicitously discharge this core responsibility.

A dramatic example is Biden’s pervasive revitalization and careful enhancement of smooth processes that name and confirm accomplished, mainstream candidates, who greatly increase diversity respecting ethnicity, gender, sexual orientation, ideology, and experience.

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Carl Tobias is the Williams Chair in Law at the University of Richmond.
Carl Tobias is the Williams Chair in Law at the University of Richmond.

Notable milestones

Over May 2024, the chief executive and the Senate reached notable milestones. They confirmed the 156th district jurist, a number Trump only attained in September 2020. Moreover, 133 Biden appointees comprise women and 125 constitute people of color, which shattered records for numbers and percentages in a president’s term.

Biden and the chamber approved 61 Black judges, nearly a quarter for the courts of appeals, which contrasts with Trump’s failure to marshal even one Black appellate candidate. Biden and senators confirmed more lesbian, gay, bisexual, transgender, and queer jurists in three years than President Barack Obama could seat during eight.

Biden and the chamber remarkably improved experiential diversity by appointing 12 circuit nominees who had represented myriad defendants prosecutors accused of crimes. It now appears that Biden and the Senate will realistically confirm more district, and lower federal court, judges than his predecessor and can surpass the number of appellate jurists whom Trump confirmed.

Even though Biden and the razor-thin Democratic chamber majority realized numerous measures of success, crucial work definitely remains. Illuminating are districts’ 61 empty positions; 43 lack nominees; 10 of these vacancies result in states that a pair of Democrats efficaciously represent; 27 arise from jurisdictions which two GOP members represent. In contrast, appeals courts face one present “blue state” open post which has a nominee, and the courts address merely six future empty positions, a “red state” treats one which lacks a nominee. Indeed, Biden and the chamber have appointed one Justice and 42 circuit, 156 district court, and two Court of International Trade, judges.

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Vacancies impose difficulties

The vacancies impose some difficulties. Extensive openings increase pressure on jurists, court staff, and litigants, especially those who pursue civil suits by prolonging resolution, because the Speedy Trial Act decidedly prioritizes criminal suits, and the Constitution and the Federal Rules of Criminal Procedure afford defendants certain safeguards. The prevalence of red state district vacancies without nominees concomitantly inflict adverse effects that could hinder judges’ fulfillment of their responsibility to insure expeditious, inexpensive, and equitable disposition.

Accordingly, GOP senators must cooperate with Biden to recruit prospects whom he then can deftly name and the chamber appoints. For example, Texas Senators John Cornyn and Ted Cruz thoroughly and smoothly collaborated with Biden and each party’s colleagues. Revealing was the senators’ coordination with Biden, selection officials, and other lawmakers about filling their one Fifth Circuit, and three district, openings. This has meant that the state encounters no present circuit, but addresses five remaining trial level, vacancies.

In sum, Biden has extensively cooperated with the Senate to appoint 200 highly qualified, diverse jurists who improve case resolution across the country. Biden has kept his promise to voters that the administration would nominate and confirm well qualified, moderate judges who counter the adverse effects imposed by extremely conservative Trump appointees.

Carl Tobias is the Williams Chair in Law at the University of Richmond.

This article originally appeared on El Paso Times: Biden and Senate cooperate to appoint 200 jurists