Dem 51
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GOP 49
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Biden Outpaced Trump on Judges

The Democrats had hoped to confirm 100 new federal judges in the 117th Congress, but the clock won. They did get 97 judges seated though, more than the 85 Trump got through in his first 2 years. The kind of judges Biden nominated and got confirmed is wildly different from the type Trump nominated, so Biden's impact on the federal judiciary will be greater and longer lasting than Trump's numbers aside. Of the 126 nominees for whom a vote was taken in the Senate Judiciary Committee, 92 were women and 60 were women of color. In total, 85 were people of color. There were also 8 LGBTQ nominees. This is a huge change from Trump's choices, most of whom were white men.

Another form of diversity is what the judges previously did. Many of Biden's nominees were public defenders, immigration lawyers, or consumer advocates. Trump's were largely prosecutors and corporate lawyers.

What is also amazing is that the Democrats did this with the Judiciary Committee split 11-11 and most Republicans voting against every nominee. For example, Josh Hawley voted for only one of Biden's nominees and Ted Cruz voted for only two. Tom Cotton and Ben Sasse voted for five each. One surprise was Sen. Lindsey Graham (R-SC), who supported 107 of them. He said that as long as a president picks qualified nominees, he is entitled to pick people he prefers. The Republican who approved the second largest number of nominees is Sen. Thom Tillis (R-NC), who voted for 50.

Democrats tried to make a deal with the Republicans to get three more of the least contentious nominees through in order to hit the 100 mark, but the Republicans refused. There are almost 30 in the pipeline for the next Senate to consider. However, since the Democrats will have a majority on the Committee starting Jan. 3, they will be able to get judges confirmed much faster than has been he case so far. However, one thing that could slow them down is the contentious "blue slip rule." The Senate has an informal tradition that when a judge is nominated, the senators from the state where the judge will serve get "blue slips" to approve or veto the candidate. The Democrats want to continue this tradition, but if they want to match Trump's 4-year total, that might not be possible.

One metric where Trump scored better than Biden during his first 2 years is that he got 30 appellate judges confirmed. Biden has gotten only 28 so far. On the other hand, Biden got 68 district judges confirmed to Trump's 53. (V)



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