With the clock ticking and the end of the 118th Congress looming, Senate Democrats are engaged in a frenzied effort to confirm as many federal judges as possible before Republicans take back control of the chamber. The urgency has intensified following a controversial agreement involving the nominations of judges under President Joe Biden, aimed at bolstering the number of appointments made before the political tides shift back.
This arrangement, often seen as compromising by some Democrats, entails not voting on four appellate court nominees. These individuals include Adeel Abdullah Mangi from New Jersey, who would have made history as the first Muslim American to serve on the federal appellate court; Karla Campbell from Tennessee; Julia Lipez from Maine; and Ryan Young Park from North Carolina. Excluding these nominations was part of the deal to allow for quicker confirmations of other judges, thereby maximizing the Democrats’ judicial footprint before losing majority control.
Senate Majority Leader Chuck Schumer (D-NY) has acknowledged the challenging environment, stating, “The trade was four circuit nominees — all lacking the votes to get confirmed — for more than triple the number of additional judges moving forward.” Notably, the Democrats had previously confirmed over 220 judges under Biden’s leadership, striving to approach the 245 confirmed during Donald Trump’s presidency.
According to reports, the arrangement struck between Senate Democrats and Republicans aims to speed up the process for up to 25 judges from Democrat-controlled states to be confirmed before the end of the year. While the agreement is not setting any records, the drive to fill judicial vacancies remains at the forefront of Democratic priorities as they prepare for the incoming Republican majority.
Schumer has already taken steps to facilitate this process, filing cloture motions on several other nominees who have faced opposition from Republicans within the Senate Judiciary Committee. Among them is Cynthia Valenzuela Dixon, who once served as national director of the Mexican American Legal Defense and Educational Fund. She faced considerable scrutiny due to her prior activism, including labeling voter ID laws as “modern-day poll taxes” and advocating for illegal immigrants to receive state college tuition.
Other nominations moving through the Senate include Brian Murphy, nominated for a district judgeship in Massachusetts, and Sparkle Sooknanan, also nominated for a judgeship in Washington D.C. Both candidates are expected to face votes shortly after Congress reconvenes from its Thanksgiving recess.
The clock is not just ticking for Senate Democrats, but also for Biden’s judicial ambitions. Currently, he stands at 221 confirmed judges, and the Democratic base is pushing for as many confirmations as possible before Trump’s second term begins. Liberal groups have voiced discontent over the exclusion of key circuit court nominees, emphasizing the need for remaining steadfast against extreme judicial opinions expected under Trump's resurgence.
Former Democratic senator Russ Feingold expressed frustration, urging officials to prepare for the possible political extremism set to result from Trump’s return, stating, “All public officials need to be prepared to fight against the extremism... retreating in advance is a dangerous precedent to set.” This sentiment reflects the broader anxiety among Democrats and their supporters as the reality sinks in: the appointment of judges significantly impacts national policies for decades to come.
Beyond the political maneuvering, the characterization of judges appointed during this term remains hotly contested. Critics, particularly from the GOP, argue against what they term “leftist” judicial styles, emphasizing the need for moderation and balance within the judiciary. Consequently, the upcoming appointments are under heavy scrutiny, with several Republican lawmakers preparing to fight against nominees perceived to lean significantly to the left.
Meanwhile, the Senate has witnessed unprecedented procedural voting speeds, late-night sessions, and intense negotiations to finalize nominations before the shift occurs. Some candidates on the verge of confirmation, like US Magistrate Judge Embry Kidd, who recently faced controversy for not disclosing lenient sentences he issued, have sparked heated debates among lawmakers.
While the Senate Republicans raised alarms about Judge Kidd’s past rulings, his confirmation passed by only the narrowest of margins thanks to some absences among GOP members during the vote. Notably, if the Republican senators were fully present, the outcome could have been very different, showcasing just how tight the margins can be within the current Senate.
Republican officials have decried what they see as Democrats rushing through judicial confirmations. Governor Ron DeSantis of Florida criticized the decision on social media, claiming this presents consequences for residents of states within the jurisdiction of this new “leftist” judiciary.
Trump himself weighed in on the maneuvering by Democrats, urging Republican senators to remain vigilant and oppose any last-minute judicial confirmations by the outgoing Democratic majority. “The Democrats are trying to stack the Courts with Radical Left Judges on their way out the door,” Trump claimed on his social media platform.
Sen. Thom Tillis (R-NC) commended the agreement made with Democratic leadership, emphasizing the importance of the retiring judges adhering to their commitments during this transition period. He pointed out the historical precedent of judges staying above partisan politics during transitions of power and underscored the expectation for current nominees to respect this tradition.
Interestingly, the move to block votes on Biden’s four nominees has stirred debate among members of the Democratic party as well. Independent Senators Joe Manchin and Kyrsten Sinema, both seen as swing votes, have not publicly clarified their positions on the remaining judicial confirmations, adding another layer of uncertainty to the situation.
With the incoming Republican majority about to take control come January, each passing moment for Democrats feels precious. The sense of urgency is palpable as party leadership scrambles to secure any additional judicial appointments before the transition, which could very well shape the judicial branch for years to come.
The stakes are high, and as Democrats race against time to confirm as many nominees as they can, the political dynamics within Congress continue to evolve at breakneck speed. With every appointment significant not just for the present but for the future stability of the judiciary, the outcome of these negotiations could redefine the judiciary leading forward.
Overall, this situation sets the stage for heated political battles and intense negotiations, as we witness the back-and-forth dynamics of power play within the Senate, enhancing the urgency as lawmakers deal with contentious judicial nominations. Will the Democrats manage to solidify their influence over the federal judiciary before the tide turns? Only time will tell, but the next few weeks will certainly be pivotal.
