Biden Sets New Record with 235 Federal Judges Confirmed

On Friday, the Senate continued its confirmations, solidifying President Biden's tally of judicial appointments to 235, surpassing Donald Trump’s record from his first term.

This achievement follows the approvals of Benjamin Cheeks to serve the Southern California district court and Serena Murillo for Central California’s district court.

Approaching the conclusion of his term, President Biden's judicial placements include one Supreme Court justice, 45 federal appeals court judges, 187 district court judges, and two for the Court of International Trade. Notably, Justice Ketanji Brown Jackson’s historic appointment as the first Black woman on the Supreme Court is a standout of his administration.

Senator Dick Durbin, the Judiciary Committee's chair, declared, 'Today marks a significant achievement for the Democratic Senate and the Biden-Harris team: appointment of highly qualified and independent judges.' He further noted that over a quarter of all active judges were appointed by Biden.

Biden's presidency also features an unprecedented number of public defenders appointed to the appeals courts, showcasing the most diverse judicial selections compared to previous presidents.

Recent years have witnessed intensified attention on judicial appointments. Faced with legislative stagnation, the courts have increasingly become the final arbiters of controversial issues resulting from executive actions.

Although President Biden will conclude his term having appointed more judges than Trump, his impact on the Supreme Court pales in comparison. His appointee, Justice Jackson, replaced fellow liberal Justice Stephen Breyer. In contrast, Trump’s three nominees—Gorsuch, Kavanaugh, and Barrett— cemented a formidable conservative majority.

In terms of appellate court appointments, Biden lags behind, with 45 confirmations compared to Trump’s 54. Trump's start benefited from existing vacancies; there were 17 when he assumed office, largely due to Senate resistance against Obama's picks. Biden contended with just two.

As speculations about a second Trump term intensify, some judges have reconsidered their retirement announcements, aware that their successors may not be confirmed swiftly. Judge James Wynn of the 4th Circuit, for instance, retracted his semi-retirement decision, leading to the withdrawal of Biden's nominee, Ryan Park, amid opposition from North Carolina Republicans.

There was concern from Senators Thom Tillis and Ted Budd regarding Park's nomination, with Tillis criticizing Wynn's shifted stance as influenced by upcoming elections.

Judges Max Cogburn and Algenon Marbley, appointed by former Democratic presidents, similarly reversed their retirement plans post-election.

These decisions emerged after Senate Democrats forged an agreement with Republicans, aiming to expedite Biden’s district court nominations. To achieve this, allowances were made for procedural modifications at the cost of not advancing remaining appellate court nominations for votes.