As Republicans prepare to take control of the U.S. Senate on January 3, Senate Democrats are racing to confirm as many of President Joe Biden’s judicial nominees as possible before time runs out. Biden has nominated 31 judges awaiting Senate confirmation, including former prosecutor April Perry, who is up for a vote as a U.S. district court judge in Illinois.
Biden’s Record on Judicial Appointments
Since 2021, Biden has successfully appointed 213 federal judges, including Supreme Court Justice Ketanji Brown Jackson. His nominees have largely emphasized diversity, with about two-thirds being women and the same proportion representing racial minorities.
This focus aims to bring a progressive balance to a judiciary that was significantly shifted rightward by former President Donald Trump, who appointed 234 judges in his first term, including three Supreme Court justices.
Senate Democrats’ Determination
Senate Majority Leader Chuck Schumer emphasized the urgency, stating, “We are going to get as many done as we can.” With Biden’s term ending soon, Senate Democrats feel the pressure to confirm pending nominees and any additional ones Biden may propose before leaving office.
Republican Opposition to Biden’s Judicial Nominees
The impending GOP majority adds complexity to the confirmation process. Former President Trump and prominent conservative figures like Elon Musk and Article III Project’s Mike Davis have publicly called for Senate Republicans to block Biden’s nominees, arguing that “activist” judges are harmful to the country. Senate Republicans, led by Mitch McConnell, have generally opposed Biden’s judicial picks, and McConnell’s office has remained silent on their next steps.
The Challenge Ahead
Senate Democrats hold a slim 51-49 majority, making it crucial for them to maintain unity in the face of any opposition. Complicating matters, Senator Joe Manchin, who caucuses with the Democrats, has stated he will not support any nominee without at least one Republican vote. With additional must-pass legislation also requiring attention, Democrats face an uphill battle in securing final confirmations before the end of the session.
