Biden Enters Office With Fewer Judicial Openings Than Trump

Topline

President Joe Biden is launching his term with 49 vacant positions across the federal court system, almost 60% fewer openings than Donald Trump faced at the beginning of his term.

Key Facts

Key Background

Federal judges are appointed to lifetime terms, making them a key way for presidents to leave a lasting legacy. Supported by a Republican-controlled Senate, Trump was especially successful at shifting the judiciary to the right: he named 226 judges during his four years in office, approaching the 320 that Obama named in eight years. And Trump had a big impact at the highest levels of the judiciary, nominating 54 appeals court judges and three Supreme Court justices.

What To Watch For

Biden began vetting judicial nominees during the transition, BuzzFeed reported last month. In particular, he promised to act “promptly” to nominate a successor for Garland two weeks ago. All of Biden’s non-Supreme Court judicial nominees will need to earn a simple majority in the Senate before they’re confirmed, a task that became far easier after Democrats won narrow control over the Senate earlier this month.

Tangent

Traditionally, the Senate has avoided confirming judicial nominees if their home-state senators object to them. But this “blue slip” system gradually eroded during the Trump administration, and the vast majority of current vacancies are in states represented by Democrats, so it’s unlikely to be a major impediment.

Further Reading

Trump Transformed The Federal Courts. Here’s What Biden Could Do. (BuzzFeed)