With a pause in legislative work in the political hub of Washington DC ahead of the imminent November 5 elections, lawmakers have their eyes set on substantial judicial activity post-election. Democrats, in particular, are looking forward to this period to expedite the formal process of judicial confirmations, leveling their impact on the judiciary with that made during President Donald Trump’s historic era.
The democratic thrust comes on the heels of a series of confirmations that marked the 213th federal judge’s affirmation during the Biden administration. Despite the Senate’s fairly even political split during this time period, Democrats have had significant success in diversifying the profiles represented on the bench and valiantly moving forward with their mission.
Trump, during his term, made remarkable strides, appointing as many as 234 judges to the federal bench. The majority of these stalwarts were aligned with conservative ideologies, significantly shaping the judiciary’s leanings. Looking upon this achievement, Democrats are keen to counterbalance this shift and infuse the federal judiciary with a more diverse and representative array of judges.
The strategy Democrats would employ post-elections now hinges on several elements — the outcome of the November 5 election, their resolution and strategic commitment towards the confirmation process, as well as how much they are willing to resist Republican opposition to weekend approvals.
Despite the anticipation around post-election activities, Mr. Durbin and his Democrat colleagues are confident about their contributions so far. In his words, their achievements resemble a ‘political miracle’ considering the Senate’s equal conservative-liberal distribution for two years under President Biden and a tenuous 51-49 margin during the subsequent two years, challenged further by intermittent absenteeism.
Remarkably reflecting the nation’s diversity, Biden’s judicial nominees exhibit a break from past norms. Striding away from the traditional practice of primarily nominating prosecutors to the federal bench, the current selection has been unpreceded, presenting a more nuanced mix of confirmed professionals.
Upwards of 60 percent of the confirmed judges are women, with nearly 40 percent representing women of color, a significant milestone marked by Justice Katanji Brown Jackson’s recognition as the first Black woman elevated to the Supreme Court. This unique palette of judges depicts an impressive breadth of professional experiences.
Among these confirmed members, 40 have previous experience as public defenders, 14 nurtured their careers in civil rights law, and eight have a background in labor law. Further, 80 came from prosecutorial roles, and 188 have judicial experience at various levels. A majority are women, and people of color, boasting an unparalleled representation of Hispanic, Asian, and Native women, and members from the L.G.B.T.Q community.
Nonetheless, progressives have been urging Democrats to push harder, but key Democrat figures like Mr. Durbin believe they made the prudent decision to avoid upending Senate traditions. This especially refers to the tradition of conferring ‘blue-slip’ approval rights to home-state senators over federal district courts nominees.
Democrats maintaining ‘blue slip’ approvals caused some hiccups, particularly in Republican-lead states of Mississippi and Missouri, where nominations from the White House couldn’t make progress. Still, Democrats hold that preserving this tradition staved off intense partisan warfare in the Judiciary Committee, thus preventing other nominees from getting side-tracked.
While there have been challenges, bipartisan consensus has led to some remarkable achievements. 31 judges have been confirmed for states represented by both Republican senators. An additional 13 confirmations have occurred in states with just one Republican senator.
With the Senate poised to resume its operations post the November election and nearly 30 nominees currently in pipeline, Democrats have a robust opportunity on their hands to surpass the number of judges confirmed during Trump’s tenure. However, securing approval for more than 20 judges will require a coordinated, industrious effort and considerable Senate floor time in an already tight schedule.
A few bumps along the way might arise from objections within Democratic ranks towards some awaiting nominees. The recent move to delay a spending dispute until December could expand the Democrats’ window to maneuver, though the Senate is not particularly known for its long work hours amidst modern proceedings.
Should the Democrats find themselves at the losing end of the Senate or White House in the November election, it could potentially kindle a fervor to forge ahead with as many judicial confirmations as possible before facing a power shift in January. Yet, it remains to be seen if Senate Democrats will commit to this intensive end-of-year judicial endeavor amidst other prominent legislative resolutions.
Republicans view the upcoming period with skepticism, anticipating much of the legislative energy will be geared towards resolving the spending disputes and other critical legislative tasks. Yet, amidst these probable impediments, Mr. Durbin expresses a desire to surpass the great strides made during the Trump era. In his perspective, even falling short a few confirmations shouldn’t undervalue the commendable progress Democrats have achieved in a challenging setting.