President Biden’s administration achieved a milestone by confirming 235 federal judges, surpassing the number confirmed during President Trump’s first term. This total includes one Supreme Court justice, 45 appeals court judges, and numerous district court judges, reflecting Biden’s prioritization of diverse candidates, such as public defenders and civil rights lawyers. While a historic achievement for the Biden administration, Republicans have indicated their intention to appoint a greater number of judges during Trump’s second term. Despite this, the Biden administration highlights the lasting impact of these lifetime appointments and the diversity of their judicial selections.
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Judge James Andrew Wynn of the Fourth Circuit Court of Appeals has withdrawn his January 2024 retirement announcement, opting to remain in active service. This decision, following the Senate’s failure to confirm his successor, makes him the first Democratic appointee to postpone retirement since the election. His action, along with similar postponements by two district court judges, has prompted accusations of misconduct from Republican allies of the President-elect. The judges’ decisions effectively prevent President Trump from filling these vacancies.
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Three federal judges, all Democratic appointees with lifetime appointments, have rescinded their retirement plans, preventing President-elect Trump from filling their seats. This action directly counters Trump’s plans to appoint younger, more conservative judges. The judges’ decisions, while unprecedented in recent history, are viewed by some as a partisan maneuver to avoid Trump’s influence on the judiciary. Republican senators have strongly criticized these actions, while Democrats point to past Republican actions as equally partisan. The situation highlights the increasingly politicized nature of judicial appointments.
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Fourth Circuit Judge James Wynn Jr. rescinded his plans to take senior status, defying Senator Thom Tillis’s warnings against it. This follows the withdrawal of Biden’s nominee to replace Wynn, due to insufficient Senate support. Wynn’s action is considered unprecedented and partisan, particularly given a bipartisan Senate agreement to postpone confirmation until the next Congress. The move makes Wynn the third judge to unretire under similar circumstances, preventing President-elect Trump from appointing replacements.
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President Biden is on track to appoint more federal judges of color than any president before him, with over 60% of his 233 judicial appointees being people of color. This includes a record-breaking 40 Black women appointed to lifetime federal judgeships, exceeding previous presidential appointments. If confirmed, Benjamin Cheeks’ nomination would bring Biden’s total of Black federal judges to 63, surpassing the number appointed by any other president. This increased diversity aims to improve judicial decision-making and public trust in the courts, impacting legal outcomes for decades to come.
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John Q. Hosedrinker