by Jorge Gomez • 3 minutes
The thin Democrat majority in the U.S. Senate is in a rush to confirm as many of President Biden’s judicial nominees as possible before Inauguration Day. As of Dec. 2, the Senate has confirmed 228 judges under the Biden administration. About 20 are awaiting confirmation, reports E&E News by Politico.
Days before the Thanksgiving holiday, Majority Leader Chuck Schumer struck a deal with Republicans not to confirm any of Biden’s remaining nominees to appeals courts. In exchange, the minority agreed to ease process to confirm a dozen Biden district court nominees.
“The trade was four circuit nominees — all lacking the votes to get confirmed — for more than triple the number of additional judges moving forward,” a Schumer spokesperson said.
First Liberty has consistently warned that many of the Biden administration’s judicial nominees have a dismal and alarming record on religious freedom. Their record also suggests they could unconstitutionally advance their own policy agendas from the federal bench.
The agreement reached by Senate Democrats and Republicans effectively dooms several nominations that generated significant controversy and opposition. The following nominees will not be confirmed:
President-elect Trump will have an opportunity to appoint nominees with a stronger record for these seats.
“In his first term, President Trump appointed constitutionalist judges who interpret the law as written. He will do so again,” Trump-Vance transition spokesperson Brian Hughes told Fox News Digital.
“As President, I will once again appoint rock-solid conservative judges in the mold of Justice Antonin Scalia and the great Clarence Thomas, who’s doing a phenomenal job,” Trump said during a speech at the National Religious Broadcasters Convention.
During his first term, Trump appointed appellate court judges with some of the strongest records on religious liberty, including Judge James C. Ho to the Fifth Circuit and Judge Lawrence Van Dyke to the Ninth Circuit. Both previously worked for and donated their time to First Liberty to defend religious freedom and represent Americans of all faiths.
Experts Say Trump Will Have Big Impact on Judiciary, Despite Fewer Vacancies
If Senate Democrats can confirm a dozen or more judges during the lame duck session, it would mean less vacancies for President-elect Donald Trump once his administration takes over. Even still, experts and judicial watchdogs predict that Trump could still have a big impact the federal courts.
The number of vacancies for Trump could jump much higher, according to Reuters. More than 240 judges are eligible to take senior status, a type of semi-retirement in which a judge may continue to hear cases, but their judicial seat is open and can be filled by the sitting president.
Thomas Jipping at the Heritage Foundation expects the number of vacancies to change once a new administration takes over on January 20. “In very short order, the number of vacancies available to be filled will increase, possibly quite significantly,” said Jipping.
“When Trump comes into office, he’s going to have dozens more vacancies to fill,” Carrie Severino, president of Judicial Crisis Network, told Fox News Digital. “And that’s not even counting the judges who will take senior status over the next four years.”
“He had a wonderful record last time around, and I hope he’s going to have a similar track record this time of putting up principled and highly qualified nominees,” Severino added.
Even groups on the Left are acknowledging that Trump is likely to reshape the judiciary. “The most lasting impact of this GOP sweep will arguably be felt on the courts,” wrote the Huffington Post. “For at least two of the next four years, Trump can appoint dozens of conservatives to lifetime federal judgeships all over the country.”
“[Trump will] still have a handful of vacancies that he’ll be able to appoint,” said Devon Ombres, senior director of courts and legal policy at Center for American Progress Action. “But if the Senate Republicans maintain the blue slip process, it will be tougher sledding to appoint in those in blue states, but he will still have an opportunity to bolster where there is already strength, especially the 11th Circuit.”
Trump had a major impact and appointed 54 judges to federal appeals courts during his first term. That’s about one-third (30%) of all appeals court seats. Trump may or may not get the same opportunity, depending on how many vacancies open up. But he should still be able to appoint a couple dozen appellate judges, according to Ed Whelan at National Review.
“Every federal appellate appointment is important, and I am hopeful that Donald Trump will repeat his record of picking excellent nominees,” writes Whelan. “But don’t expect him to get anywhere near his first-term total of 54 appellate appointees. Look instead for a total in the range of 20 to 30.”
The second Trump administration will have the opportunity to reverse the alarming wave of radical nominees seen under its predecessor. As a new administration and Senate prepares to take over, First Liberty will continue evaluating the record of judicial nominees and providing the facts on which ones are best qualified to serve on the federal bench.
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