As the legislative session draws to a close, Senate Democrats are making a concerted push to confirm more than two dozen of President Joe Biden’s judicial nominees. With the Senate majority about to shift following the election, Democrats are looking to take full advantage of the final weeks of their control. However, this move has sparked significant controversy, particularly with regard to several of Biden’s nominees who have faced criticism for their past rulings and positions.
Senate Majority Leader Chuck Schumer expressed confidence on the Senate floor that the Democrats will continue to push through as many judicial nominees as they can in the remaining weeks of their majority.
In the past few days, the Senate has confirmed several of Biden’s judicial picks, signaling the Democrats’ sense of urgency before the new Congress is sworn in. Among the confirmations were Judge Mustafa Taher Kasubhai to the District of Oregon, Judge Embry Kidd to the Eleventh Circuit Court of Appeals, Judge April Perry to the Northern District of Illinois, and Judge Jonathan Hawley to the Central District of Illinois. These confirmations, made during the so-called “lame duck” session, have garnered attention due to the controversial nature of some nominees and their positions on sensitive issues.
In particular, Judge Embry Kidd’s confirmation sparked backlash from Republicans after it was revealed that, during his tenure as a magistrate judge, he had granted pretrial release to child sex offenders in two cases. Although both of these rulings were later reversed by the district court, Republicans argue that Kidd is unfit for a lifetime judicial appointment as a result of these rulings.
Judge Mustafa Taher Kasubhai, another recent Biden nominee, has also attracted criticism for his progressive stance on issues like gender identity. Kasubhai has been known to instruct parties in his courtroom to use preferred pronouns, a practice that has drawn the ire of conservatives who see it as an unnecessary politicization of the judiciary.
Former President Donald Trump has weighed in on the push to confirm Biden’s judicial nominees, urging Republicans to resist the confirmation process. On Truth Social, Trump called for an end to confirming Biden-nominated judges, accusing Democrats of attempting to “stack the courts with radical left judges on their way out the door.”
In response to these efforts, Republicans are rallying to block additional Biden judicial nominees. Carrie Severino, President of the Judicial Crisis Network, condemned the remaining nominees, calling them “abysmal picks” who have been “lingering for eight months or more” without confirmation. Severino and other conservatives have urged Republican senators to unite in opposition and to use every tool at their disposal to prevent further confirmations.
Demand Justice, a progressive organization that supports court-packing initiatives, launched an initiative on Friday calling on Democrats to “stay late, work weekends” to confirm the remaining judicial nominees.
Similarly, the Leadership Conference on Civil and Human Rights, a coalition of over 140 organizations, including the American Civil Liberties Union and the Human Rights Campaign, sent a letter to senators urging them to confirm every pending judicial nominee. These organizations argue that Biden’s nominees represent a critical step toward achieving a more “diverse” and “inclusive” judiciary.
