Senate Deal Prioritizes Biden's District Court Nominees Over Appeals Court Picks

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ICARO Media Group
Politics
21/11/2024 21h22

**Senate Deal Clears Path for Biden's District Court Nominees, Trades Off Appeals Court Picks**

Senate leaders have struck a pivotal deal that clears the way for Democrats to confirm numerous district court nominees proposed by President Joe Biden. The agreement averts prolonged Republican procedural delays but sacrifices efforts to secure votes for four appellate court nominees.

The trade-off has drawn sharp criticism from liberal court activists. They argue that the arrangement benefits Trump's future judicial appointments, especially as they foresee him returning to the White House. The four appellate nominees in question were already facing steep confirmation challenges, with some, like 3rd US Circuit Court of Appeals nominee Adeel Mangi, lacking sufficient support even within Democratic ranks.

A spokesperson for Senate Majority Leader Chuck Schumer defended the deal, stating that it was a strategic move. "The trade was four circuit nominees—all lacking the votes to get confirmed—for more than triple the number of additional judges moving forward," the spokesperson said.

Previously, former President Trump had urged Republicans to block all remaining Biden judicial picks before the anticipated change of party control. Although Republicans did not have the outright numbers to halt Biden's nominees, their procedural tactics had drastically slowed down the confirmations. The Senate deal allows Biden to potentially exceed Trump's record of district court judges confirmed, but it does not elevate Biden to the same level concerning the federal appellate bench.

Under Trump, there were 17 circuit vacancies when he started his first term, partly due to Republican tactics during the Obama administration. Senate Republicans had altered a key nomination rule to make it easier for Trump to fill these openings, a strategy Biden could not replicate due to fewer vacancies.

Nevertheless, progressive advocacy groups like Demand Justice have strongly condemned the agreement. Maggie Jo Buchanan, the group's managing director, criticized Senate Democrats for "willingly gifting Donald Trump the chance to appoint judges more committed to political agendas than the rule of law."

Democrats were urged to prioritize judicial confirmations during the lame-duck session. Their efforts faced substantial hurdles, further intensified by Trump’s call for Senate Republicans to resist Biden's pending nominations. Additionally, the diverse stances of Independent Senators Joe Manchin and Kyrsten Sinema complicated the Democratic agenda.

Democrats recently managed to confirm an 11th Circuit nominee and several trial judges, thanks to the absence of several Senate Republicans. Following the new deal, Republicans ceased procedural maneuvers against six district nominees, who are now expected to receive final confirmation votes after the Thanksgiving break. This includes a nominee for the federal trial court in Arizona who was confirmed Thursday afternoon.

Senate Judiciary Committee Chairman Dick Durbin highlighted the strategic considerations behind the agreement. "We had a serious question as to whether we had the votes on the floor for these four nominees, and balancing the opportunity for a record number of district court judges against that possibility," Durbin stated.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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