Senate Deal: More Biden Judges Confirmed, Appeals Nominees Left Out

In a late-night agreement, Senate leaders have struck a deal that will allow Democrats to confirm several of President Joe Biden's district court nominees. This deal comes with a trade-off: the four pending appeals court nominees will not get a vote. Some liberal activists are upset, fearing that this could help former President Donald Trump reshape the federal circuit courts if he returns to the White House. However, these four nominees were already facing tough odds. Senate Majority Leader Chuck Schumer's spokesperson said the deal lets more than triple the number of additional judges move forward. This deal follows Trump's call for Republicans to block Biden's judicial nominees. Even without enough votes to block them, Republicans used various tactics to slow down the confirmation process. Currently, there are about 14 district court nominees in the pipeline, with two still in the committee process.

Biden could potentially beat Trump's record for district court judges confirmed. However, Trump's overhaul of the federal appellate bench and the Supreme Court is unlikely to be matched. Trump started his first term with more judicial vacancies due to obstruction by the GOP-controlled Senate. Senate Republicans also changed rules to make it easier for Trump to fill those vacancies. Demand Justice, a progressive judicial advocacy group, criticized the deal for denying floor votes to the four Biden circuit nominees. They accused Senate Democrats of giving Trump a chance to appoint politically-driven judges. Earlier this week, Democrats confirmed an 11th Circuit nominee and several trial judges despite Republican opposition. The new deal allows for the confirmation of six district nominees currently on the floor and others after the Thanksgiving break. Senate Judiciary Committee Chairman Dick Durbin said there was uncertainty about getting votes for the four nominees, and this deal balances that against confirming a record number of district court judges.

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