Senate Democrats Push to Confirm Biden’s Judicial Nominees Before GOP Takeover
Judicial Nominees Require a Simple Majority for Confirmation
With a narrow 51-49 majority in the Senate, Democrats must secure near-unanimous support within their ranks to confirm President Joe Biden’s judicial nominees. If Republicans oppose en masse, any defection or absence among Democrats could jeopardize confirmations during the post-election “lame duck” session. Notably, West Virginia Senator Joe Manchin, who caucuses with the Democrats, has stated he won’t support any nominee lacking at least one Republican vote, raising the stakes for these upcoming votes.
Additionally, the Senate must address essential legislation, like a spending bill to prevent a government shutdown, which could cut into the time available for confirmations.
Aiming to Confirm ‘Every Possible Nominee’
Biden’s allies emphasize that finalizing these nominations will contribute to his goal of a more diverse federal judiciary. The White House and Democratic leadership are committed to pushing through as many nominees as possible before the new Congress takes office in January. Among Biden’s recent nominations is Tali Farhadian Weinstein, a former candidate for Manhattan district attorney, whom he selected for a federal district judge position in New York following the election.
Senator Dick Durbin, the Judiciary Committee chair, affirmed that he “aims to confirm every possible nominee before the end of this Congress.” White House spokesperson Andrew Bates also highlighted that in 2020, during Trump’s final months in office, the Republican-led Senate confirmed 18 judges before Biden took office.
Republican Resistance to Biden’s Appointments
Among Biden’s 31 pending nominees are five individuals nominated to serve on influential federal appeals courts. Republicans have previously indicated they intend to block two of these nominations: Adeel Mangi, poised to become the first Muslim federal appellate judge, and North Carolina Solicitor General Ryan Park, who recently defended affirmative action policies before the Supreme Court.
In total, 26 trial court nominees remain, including April Perry, a former prosecutor currently with GE HealthCare in Chicago, who has been tapped for a federal judgeship in Illinois. Her previous nomination to be Chicago’s chief federal prosecutor was halted by Republican Senator JD Vance.
Political Tensions Escalate Over Judicial Confirmations
Senator Vance, Trump’s vice-presidential pick, began blocking Biden’s Justice Department nominees in 2023, following indictments against Trump by Special Counsel Jack Smith. This hold illustrates the increasingly partisan divide over judicial appointments, with both sides aware of the potential long-term impacts of these lifetime seats on the judiciary.
The urgency among Democrats underscores Biden’s commitment to shaping a judiciary that reflects broader diversity and maintains ideological balance. However, with the imminent Republican takeover in January, the window for these confirmations is quickly narrowing.