{"id":2236224,"date":"2024-05-03T06:21:02","date_gmt":"2024-05-03T10:21:02","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/biden-quietly-remaking-courts-to-counter-rightward-lurch-under-trump\/"},"modified":"2024-05-03T06:22:57","modified_gmt":"2024-05-03T10:22:57","slug":"biden-quietly-remaking-courts-to-counter-rightward-lurch-under-trump","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/biden-quietly-remaking-courts-to-counter-rightward-lurch-under-trump\/","title":{"rendered":"Biden&#8217;s Silent Court Transformation Counters Trump&#8217;s Rightward Shift"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">16<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fbiden-quietly-remaking-courts-to-counter-rightward-lurch-under-trump%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2236224&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>President Joe Biden&#8217;s judicial\u2063 appointments are surpassing those\u200b of former President Donald Trump, marking \u2062a significant shift.\u2063 Biden prioritizes diversity in\u200d his selections, appointing\u200b women and minorities to key \u200bpositions. Although Biden leads in \u200c<a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/house-dems-propose-adding-51-judges-to-federal-appeals-courts\/\" title=\"House Dems Propose Adding 51 Judges to Federal Appeals Courts\">district court judgeships<\/a>, Trump&#8217;s Supreme Court confirmations remain unmatched. The focus \u2064on judicial \u200cnominations reflects both parties&#8217; \u200cacknowledgment of the judiciary&#8217;s impact on key issues.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>President <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/joe-biden\/\" target=\"_blank\" rel=\"noopener\" title=\"Joe Biden\">Joe Biden<\/a> may be trailing former President Donald Trump in the <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/2024-elections\/\" target=\"_blank\" rel=\"noopener\" title=\"Joe Biden\">opinion polls<\/a>, but the Democratic incumbent now has pulled ahead in one metric that will long outlive both their presidencies.<\/p>\n<p>Much ink was spilled during the <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/trump-administration\/\" target=\"_blank\" rel=\"noreferrer noopener\">Trump administration<\/a> over his <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/better-than-expected-u-s-economy-added-638000-jobs-in-october-unemployment-dropped-to-6-9\/\" title=\"Better Than Expected: U.S. Economy Added 638,000 Jobs in October, Unemployment Dropped to 6.9%\">record-breaking pace<\/a> of judicial appointments with the help of then-Senate Majority Leader Mitch McConnell (R-KY), but Biden has an edge on the judicial legacy.<\/p>\n<p>Like Trump, Biden is hoping that his nominees will make rulings favorable to his party during their terms, and he has also made a point of appointing female and minority candidates into powerful positions.<\/p>\n<p>The pair were tied at 193 appointments each at this point in their tenures for much of April, but Biden retook the <a href=\"https:\/\/www.heritage.org\/judicialtracker\" target=\"_blank\" rel=\"noopener\" title=\"lead\">lead<\/a> earlier this week when the <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/senate\" target=\"_blank\" rel=\"noopener\" title=\"Senate\">Senate<\/a> confirmed Georgia Alexakis for a district judgeship in Illinois on Wednesday, giving him 194.<\/p>\n<p>\u201cI promised to have an administration that looks like America \u2026 a court that represents all the people,\u201d Biden said on March 11 during a campaign speech in Atlanta. \u201cSixty-five percent of the judges I\u2019ve appointed are women. Sixty-five percent are people of color. I\u2019ve appointed more black women to the circuit courts than every other president in American history combined.\u201d<\/p>\n<p>While presidents have limited control over how many justices they nominate while in office \u2014\u00a0namely, vacancies must arise first \u2014\u00a0both parties recognize and emphasize the significance of getting their nominees confirmed as quickly as possible.<\/p>\n<p>\u201cBoth parties now realize that judges can make life miserable, or not miserable, for different groups,\u201d said Russell Wheeler, a senior fellow at the Brookings Institution. \u201cSo they understand the importance of these nominations.\u201d<\/p>\n<p>Historically, Republicans were more focused on the judiciary, Wheeler said, but Democrats have caught up and are now aggressively focusing on that branch of government as well. He pointed to a series of <a href=\"https:\/\/www.washingtonexaminer.com\/news\/2450460\/fifth-circuit-appeals-court-strikes-down-atf-ghost-gun-rule\/\" target=\"_blank\" rel=\"noopener\" title=\"rulings\">rulings<\/a> from the Trump appointee-dominated U.S. Court of Appeals for the 5th Circuit as an example of the wide impact of judicial nominees.<\/p>\n<p>While Biden now retains an overall lead on Trump and may finish with more confirmed nominees, a closer look may still give The Donald an edge.<\/p>\n<p>Trump <a href=\"https:\/\/ballotpedia.org\/Federal_judges_nominated_by_Donald_Trump\" target=\"_blank\" rel=\"noopener\" title=\"confirmed\">confirmed<\/a> 51 appeals court judges, while Biden is at 41 and may not be able to match that number.<\/p>\n<p>Biden holds the edge when it comes to <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/biden-who-led-attack-on-robert-bork-confirming-judges-at-a-rate-not-seen-in-over-50-years\/\" title=\"Biden, Who Led Attack On Robert Bork, Confirming Judges At A Rate Not Seen In Over 50 Years\">district court judges<\/a>, which are seen as somewhat less powerful. And of course, Trump got three justices confirmed to the Supreme Court, whereas Biden only has one, Ketanji Brown Jackson, who replaced Stephen Breyer, a fellow liberal justice.<\/p>\n<p>Breyer resigned following a widespread <a href=\"https:\/\/www.washingtonexaminer.com\/news\/2208608\/why-stephen-breyer-is-resisting-liberal-pleas-for-him-to-retire\/\" target=\"_blank\" rel=\"noopener\" title=\"pressure campaign\">pressure campaign<\/a> from progressives who wanted a younger person to take his place, and Wheeler said similar pressure may flow from administration officials to older judges at lower levels calling on them to take senior status while opening up spots for a new, younger nominees.<\/p>\n<p>The Senate must confirm nominees regardless, and there is an informal \u201cblue slip\u201d policy whereby home-state senators are given effective veto powers over judges who would serve jurisdictions within their state. That means Biden has had the most success in states with two Democratic senators.<\/p>\n<p>Biden\u2019s heavy emphasis on diversity also has implications when it comes to the election, as he often speaks about building a federal government that looks more like society at large.<\/p>\n<p>\u201cYou can probably count on two hands the number of white males that Biden has appointed,\u201d Wheeler said. However, he added that the practice of hyping appointments from underrepresented backgrounds is not necessarily new, saying that former President George W. Bush spoke about the high number of Hispanic justices he appointed.<\/p>\n<p>Biden has also focused on nominees from various legal backgrounds, such as public defenders and labor lawyers, bucking a tradition of appointing prosecutors or lawyers from large firms.<\/p>\n<p>Carl Tobias, a law professor at the University of Richmond, said the Biden White House is likely to continue emphasizing judicial nominees and will continue the process of nominating them up to and through the November election.<\/p>\n<p>\u201cI do think the White House is focused on those numbers, and they will do what they can,\u201d he said.<\/p>\n<p><strong><a href=\"https:\/\/www.washingtonexaminer.com\/\" target=\"_blank\" rel=\"noreferrer noopener\">CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER<\/a><\/strong><\/p>\n<p>As his predecessor did, Biden will keep the pressure up because he understands the wide and long-standing impact those nominees will have in the coming years.<\/p>\n<p>\u201cThe federal judges have extraordinary power to declare the rights that people have,\u201d Tobias said. \u201cEven though they\u2019re not policymakers, they are very important.\u201d<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Although trailing Trump in polls, President Biden leads in a lasting metric\u2014judicial appointments. Ink spilled on Trump&#8217;s record-breaking pace in appointing judges during his tenure, aided by then-Senate Majority Leader Mitch McConnell (R-KY). Biden&#8217;s court transformation promises a marked shift from the previous administration&#8217;s rightward lean<\/p>\n","protected":false},"author":2635,"featured_media":2236225,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/wex-s3.s3.us-east-1.amazonaws.com\/wp-content\/uploads\/2024\/05\/AP24068108894062.jpg","fifu_image_alt":"","footnotes":""},"categories":[538],"tags":[],"class_list":["post-2236224","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-washington-examiner"],"fifu_image_url":"https:\/\/wex-s3.s3.us-east-1.amazonaws.com\/wp-content\/uploads\/2024\/05\/AP24068108894062.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2236224","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/2635"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2236224"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2236224\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2236225"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2236224"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2236224"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2236224"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}