Current Affairs

Biden promised to change the federal judiciary. Did he succeed?


With lifetime appointments and significant influence on American politics, the appointment of federal judges has become one of the most lasting ways in which a president can cement his legacy.

It appears that the Biden administration, more than any other administration, has mastered this judicial confirmation machine. The result was President Joe Biden appointing 233 federal judges, more than any single-term president since Jimmy Carter.

Why did we write this?

Confirming a historically diverse slate of justices may be one of President Biden’s strongest legacies, but zero-sum politics still dominate judicial selection.

No president has appointed a greater percentage of women or people of color to the bench. Mr. Biden also embraced professional diversity in his picks, nominating lawyers with experience in public defense, civil rights and employment law to positions traditionally dominated by prosecutors and veterans at big law firms.

However, this legacy has been secured with the help of an increasingly zero-sum political approach to judicial confirmations. Democrats “stopped being nice and started being tough,” says Carl Tobias, a professor at the University of Richmond School of Law. He adds that the politicization of this issue “may be more fundamental than ever before.” This can come at a cost.

As President Joe Biden’s term in office approaches, Democrats in the US Senate have been busy securing what could be his most lasting legacy.

Federal judges serve for life and can influence policy for decades longer than the president who appoints them. In recent years, both political parties have come to appreciate the value of appointing as many judges as possible when they control the Senate and the White House. But the Biden administration, more than any other, appears to have mastered this judicial confirmation machine.

The result was President Biden appointing 233 federal judges, more than any single-term president since Jimmy Carter. He appointed perhaps the most diverse roster of federal judges in history. This legacy may have been overlooked because there were fewer openings before the U.S. Supreme Court and 13 circuit courts of appeals — which have the final say on every case brought in the federal system.

Why did we write this?

Confirming a historically diverse slate of justices may be one of President Biden’s strongest legacies, but zero-sum politics still dominate judicial selection.

No president has appointed a greater percentage of women or people of color to the bench. Mr. Biden also embraced professional diversity in his picks, nominating lawyers with experience in public defense, civil rights and employment law to positions traditionally dominated by prosecutors and veterans at big law firms.

However, this legacy has been secured with the help of an increasingly zero-sum political approach to judicial confirmations. Democrats “stopped being nice and started being tough,” says Carl Tobias, a professor at the University of Richmond School of Law. He adds that the politicization of this issue “may be more fundamental than ever before.” This can come at a cost.

What has Biden been able to do?

The Biden administration made its priorities clear early on. Within 12 months of taking office, Biden approved 40 judges, more than any president in his first year since Ronald Reagan. By the time Biden leaves office, more than a quarter of serving federal judges will be his appointees.

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