Democratic U.S. President Joe Biden has made history by surpassing former President Donald Trump’s judicial appointments, officially securing his 235th lifetime federal judge appointment, one more than Trump achieved during his first term. This milestone, confirmed by the Democratic-led Senate on Friday, highlights Biden's commitment to diversifying the federal judiciary.
The confirmation of two judges marked the culmination of Biden's efforts to reshape the courts after they shifted rightward under Trump's administration. With Biden now standing as the second president to appoint the most judges within a single four-year term, he trails only behind Jimmy Carter, who appointed 262 judges during his presidency.
Senate Majority Leader Chuck Schumer affirmed the significance of this achievement, stating on the Senate floor, "It is historic. It sets a record." Biden’s strategic approach to judicial appointments is particularly notable, as he started with fewer than half the vacancies Trump had inherited.
While Biden’s record-breaking appointments reflect diversity—with approximately two-thirds of his appointees being women and many belonging to racial minorities—he appointed fewer appeals court judges than Trump, with 45 compared to Trump’s 54, who filled considerable vacancies once held by Democratic nominees.
Biden remarked, "When I ran for president, I promised to build a bench...that looks like America and reflects the promise of our nation," emphasizing his dedication to enhancing equitable representation within the judicial system. The Biden administration's efforts have seen appointments of more than 45 public defenders and over 25 civil rights lawyers, aiming to rebalance the overwhelmingly white and male demographics of prior judicial landscapes.
One of Biden’s latest appointees, Serena Murillo, was confirmed as the 150th woman to assume judgeship under Biden, with the Senate affirming her nomination following a narrow 49-47 vote. Her confirmation was part of setting new records for the number of women appointed by one president. Notably, Biden’s tenure has included the confirmation of Justice Ketanji Brown Jackson, the first Black woman on the U.S. Supreme Court, who currently serves on the court's liberal wing.
Political analysts argue the judges have significant influence over case rulings affecting pivotal issues, such as reproductive rights, which have become increasingly contentious. The impact of federal judges was underscored by David Cohen, a law professor at Drexel University, who stated, "The power of lower court federal judges is immense...because the Supreme Court only deals with such a limited number of cases." This dynamic will be particularly significant as Trump has indicated the potential for renewed judicial appointments should he win the presidency again.
Senator Richard Blumenthal, part of the Senate Judiciary Committee, expressed confidence about the newly appointed judges. He indicated they would act as safeguards against democratic threats, adding, "Our 235 judges confirmed under President Biden are diverse, fair, qualified, and will be a frontline of defense on attacks against our democracy." This sentiment echoes concerns raised about the judicial opaqueness overseen during Trump’s presidency.
Further complicity arises as Trump, who has yet to publicly comment on Biden’s record, is poised to fill 36 judicial vacancies should he retake office, primarily within the district courts. This presents a unique juxtaposition, with Republicans openly preparing to leverage Trump's past judicial influence. Chuck Grassley, the anticipated Senate Judiciary Chairman, remarked, "On January 20 of 2029, Trump’s going to brag about having 240"—casting shadows on the permanence of Biden’s achievements.
Nevertheless, the Biden administration is emphasizing the significance of its judicial appointments. Vice President Kamala Harris stated, "These exceptionally qualified individuals are dedicated to upholding the rule of law, and they reflect the diversity of America." This strategy of nomination is part of Biden’s broader agenda to reinforce civil liberties and protect democratic structures through judicial representation.
Indeed, the current judicial appointment scenario shows the tug-of-war for ideological balance within the U.S. judiciary and highlights the importance of ensuring judicial appointments reflect the nation’s diversity. With Biden celebrated for his record-breaking appointments, both the immediate and lasting effects on the judiciary remain to be fully assessed—especially amid the backdrop of impending federal legal cases.
