Senate Strikes Deal on Judicial Confirmations

Senate leaders have reached a significant agreement to expedite the confirmation of President Joe Biden’s district court nominees, effectively neutralizing Republican procedural tactics that had previously slowed the process. In exchange, Democrats have ceased efforts to advance four pending appeals court nominees.

Liberal court advocates have criticized the agreement, arguing that it advances President-elect Donald Trump’s opportunity to reshape federal circuit courts upon his return to the White House. Despite this, the four appellate nominees from Biden already faced severe obstacles to their confirmation, with some, like 3rd US Circuit Court of Appeals nominee Adeel Mangi, receiving opposition even from within the Democratic Party.

According to a spokesperson for Senate Majority Leader Chuck Schumer, the agreement involved sacrificing four circuit nominees — all of whom lacked the necessary votes for confirmation — in exchange for proceeding with confirming more than three times that number of district judges.

This deal follows after President Trump urged the Senate, controlled by Democrats, to halt confirming Biden’s remaining judicial nominees before the forthcoming change in party control in Washington next year. Although Republicans did not have the numbers to completely block Biden’s nominees, they employed numerous procedural maneuvers to considerable effect, increasing the time required for each pending nomination’s consideration.

Excluding the four Biden nominees that will not be voted on under the Senate’s new agreement, approximately 14 judicial nominees remain, all intended for district courts. Two of these nominees are still undergoing the committee approval process.

The Senate deal offers President Biden a potential opportunity to surpass Trump’s record number of confirmed district court judges. However, even if Democrats had attempted to confirm the four circuit nominees, Biden was unlikely to match Trump’s transformation of the federal appellate bench and the Supreme Court.

President Trump commenced his first term with 17 circuit vacancies and an open Supreme Court seat, largely due to obstruction by a GOP-controlled Senate at the close of the Obama administration. Senate Republicans then modified a critical rule regarding appellate nominees, easing Trump’s ability to fill these vacancies and subsequently limiting the vacancies available for Biden to appoint.

Trump will not enjoy these advantages during his second term, starting with significantly fewer judicial vacancies compared to his first.

Despite being criticized by advocacy group Demand Justice, which accused Senate Democrats of «gifting Donald Trump the chance to appoint judges more aligned with political agendas than the rule of law,» the senate leaders remained steadfast. They urged prioritizing judicial confirmations in the lame-duck session.

Earlier this week, Democrats, buoyed by absences among GOP members, confirmed an 11th Circuit nominee and several district court judges despite Republican opposition. Under the new agreement, Republicans have withdrawn procedural obstacles obstructing the confirmation of six district nominees active as of Wednesday night and Thursday.

«We had a serious question as to whether we had the votes on the floor for these four nominees,» remarked Senator Dick Durbin, Chairman of the Senate Judiciary Committee, explaining the balance weighed between potentially achieving a record number of district court judicial confirmations.