A Judicial Nominations Recap: The Great, the Not So Great, and the Unconfirmed Judges
These past four years, the Biden administration appointed incredible fair-minded judge and increased the gender and racial diversity of the judiciary, yet important vacancies were left unfilled.
When the clock finally ticks midnight at the end of the year, three incredible judicial nominees for the U.S. Court of Appeals for the First, Third, and Sixth Circuit will be left unconfirmed, in effect giving those critical seats to Trump to fill.
President Biden, Senate Majority Leader Chuck Schumer, Senator Durbin, and the Senate successfully confirmed 235 judges—one more than Trump did in his first term—and it is important that we celebrate that achievement. While the number of judicial confirmations is noteworthy, it is also critical to consider the quality of the judicial nominees confirmed and the many vacancies left behind.
The Great
Let’s first look at the overall progress made under the Biden administration when it comes to diversifying the federal judiciary. At the end of the Trump administration in 2021, over a quarter of the active judges were appointed by Trump and, unsurprisingly, they were overwhelmingly white and male.
However, President Biden focused on appointing nominees with diverse backgrounds both professionally and demographically, bringing the judiciary one step closer to reflecting the rich diversity of the United States.
While our courts have never been representative of the gender, racial/ethnic diversity of this country or the legal profession President Biden, the Senate, and advocates made historic progress in diversifying the judiciary these past four years. For example, President Biden nominated more judges of color than any of his predecessors, and during the Biden presidency, the percentage of women of color who are sitting federal judges nearly tripled (from 4% to 11.6%).
President Biden appointed a significant number of former civil rights, public interest, and public defense attorneys which was long overdue for a judiciary stacked with former prosectors and corporate attorneys.We need a judiciary that understands the lived experienced of all people, especially when judges make monumental decisions that affect the lives of women and girls.
The Not-So-Great
While must progress has been made during the Biden administration, there have also been setbacks. Senator Schumer struck a last-minute deal with Senate Republicans to clear the path for pending district court nominees in exchange for the giving up the circuit court nominees pending for the First, Third, Fourth, and Sixth Circuit Courts of Appeals. Unfortunately, this move benefits Trump and Senate Republicans.
Circuit courts are second in authority only to the U.S. Supreme Court, and they rule on critical issues such as access to contraception and gender affirming care. During his first presidency, Trump took control of several circuit courts by nominating judges to create a majority, which has had significant repercussions in the law. With only 13 U.S. Courts of Appeals, circuit court judges make decisions impacting millions of people.
Although Judge Wynn on the U.S. Court of Appeals for the Fourth Circuit walked back his retirement after Leader Schumer’s deal, that still leaves the First, Third, and Sixth Circuit Court of Appeals vacancies to be filled by Trump. It’s no secret that Trump has appointed agenda-driven and partisan judges and justices who have taken away fundamental rights—including abortion rights. Sadly, we can expect more of the same in his next administration.
The Unconfirmed Judicial Nominees
What’s especially devastating is that overwhelmingly qualified nominees and fundamentally decent people like Sixth Circuit nominee Karla Campbell and Third Circuit nominee Adeel Mangi won’t be confirmed.
Karla Campbell has spent her career protecting the rights of working people. She dedicated her time to representing unions and individual workers. Adeel Mangi has worked to advance gender justice by fighting for marriage equality and for the civil rights of LGBTQ people facing employment discrimination.
What is particularly a cause for alarm is that an Islamophobic and racist campaign to discredit Mangi and his incredible work as an attorney ended his path to confirmation. Letting Mangi’s nomination expire signals that prejudicial tactics win and sets a dangerous precedent for the upcoming administration and work ahead.
Looking at 2025 and Beyond
Looking ahead to the next administration, we already have an idea of the types of judges Trump might appoint. Just look at 6th Circuit Judge John K. Bush who, prior to donning his robe, argued for sex discrimination and was affiliated with clubs that excluded women and had historically excluded racial minorities and Jewish people.
It’s critical that senators thoroughly vet and question nominees who have a history of supporting discriminatory work and groups. The Senate cannot allow racism, sexism, transphobia, and homophobia to decide who should run our courts, nor let people with alarming records on discrimination move forward. Appeals to racism, sexism, and religious bigotry must not be a winning tactic to determine who is confirmed in the Senate.
During Trump’s first presidency, he packed the courts with conservative ideologues, underqualified partisans, and extremist judges. And we saw the outcome of that: gutting of fundamental rights, conservative judicial activism, and the overturning of Roe v. Wade. During this next session, it is critical that senators dedicated to equal justice under law scrutinize every nominee and work together in opposition when nominees are biased, unfit, or corrupt. For the sake of our democracy, we must not make it easy for any president to consolidate their power over the courts.
