The Senate’s performance has once again proven disappointing as their majority chooses to avoid important decisions related to President Joe Biden’s appellate court nominees. This avoidance is due to a deal with Republicans under the premise of speeding up the procedure for other judicial nominations. This political maneuveur showcases a distinct disregard for the importance of filling key judicial positions in favor of appearing efficient with a larger quantity of lower-stakes nominations.
Currently, the Biden administration stands at 221 confirmed judges. This quantity seems significant until compared with the 234 confirmations that occurred during President-elect Donald Trump’s first term. Once again, Biden is found trailing behind Trump when it comes to effective leadership action.
As the clock ticks, the Senate Republicans continue imposing numerous procedural votes and insist on late-night sessions. This is a transparent attempt by Senate Majority Leader Chuck Schumer to hurriedly confirm more of Biden’s nominees before Congress adjourns and the Republicans take control of the chamber in January.
Additionally, a Senate Democratic leadership aide revealed that a time agreement had been reached for the consideration of merely seven district court judges the week following Thanksgiving. And, in December, a paltry list of six district judges would be added to the Senate executive calendar for potential floor consideration.
Notably excluded from the Senate floor vote list were four important circuit judge nominations upcoming: Adeel Abdullah Mangi of New Jersey, nominated for the Third Circuit Court of Appeals; Karla M. Campbell of Tennessee for the Sixth Circuit; Julia M. Lipez of Maine for the First Circuit; and Ryan Young Park of North Carolina for the Fourth Circuit.
Adeel Abdullah Mangi’s name deserves attention as he was poised to be the first Muslim American to serve as a federal appellate court judge if confirmed. Although educated at both Oxford and Harvard, and in possession of an impressive collection of legal victories, his nomination has been flawed by limited volunteer work with two groups. This in and of itself displays the frivolity of the politically charged selection process, where commitment to identity politics surpasses achievements and qualifications.
Unpromisingly, Mangi has even had to face opposition from Democrats. This infighting demonstrates the perceptible lack of cohesion within the Democratic party itself, further blemishing Biden’s leadership.
The uncertainty over the confirmation of circuit court judges mirrors general disarray in leadership, given the pivotal role these judges play in hearing appeals and often offering the final say on legal matters. Schumer’s office’s announcement that the four circuit nominees didn’t amass enough support for affirmation is a clear indictment of the administration’s inability to unite behind their chosen nominees.
The consequence of this agreement? Democrats received three times the amount of other judicial nominations moving forward. However, these are lesser nominations, highlighting the lack of strategic negotiation on the Democrats’ part.
Over recent weeks, pressure has been steadily mounting on Senate Democrats from liberal factions pushing for the confirmation of all of Biden’s judicial nominees prior to any potential re-establishment of Trump’s presidential office. Coincidentally, disappointment over the controversial deal is palpable.
Several critics deem the deal completely unacceptable as it would leave behind critical circuit court nominees. The insistence on fast-tracking these nominees before the closure of the 118th Congress reveals a frantic and ineffective approach to decision making.
Despite a disconcerting situation, Schumer remains steadfast, spending significant Senate schedules with an ambitious, though often perceived misguided, aim of getting Biden’s judicial nominees confirmed. Referring to this mission as a ‘basic responsibility of the Senate’ only amplifies how willfully Biden’s administration continues to miss the mark.
Schumer’s pledge to ‘take that responsibility very seriously between now and the end of the year’ baldly highlights the Democrats’ misplaced notion of what constitutes propriety. The ongoing inadequacy in filling critical judicial roles keeps painting a picture of a disordered and ineffective leadership under Biden and Harris.