The White House is gearing up for what could be President Joe Biden’s last chance to put his stamp on the judiciary, as progressive advocates fret that he may fall short of appointing as many judges as former President Donald Trump did over his four-year term.
With a November 2024 election rematch between Biden and his Republican predecessor looking increasingly likely, Senate Democrats are pledging to remain focused on confirming Biden’s judicial nominees in 2024 and adding to the 166 already approved to sit on the bench.
After two years of matching or exceeding Trump’s pace of judicial appointments, Biden’s rate compared to his predecessor’s slowed in 2023, as Senate Republicans wielded their influence and forced the White House to bargain with them over potential nominees.
Russ Feingold, a Democratic former US senator and leader of the liberal American Constitution Society, said that slower pace has put Biden’s ability to continue to appoint diverse judges to the bench at risk as an election looms that will decide whether he gets a second term and Democrats retain control of the Senate.
“Now we’re looking at a situation where if either the presidency switches or the Senate switches, most of this progress probably will be stopped or greatly stifled,” he said.