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Progressives Urge Senate to Confirm Biden Judges Before GOP Control

Senate Democrats/ Biden judges/ judicial confirmations/ progressive groups/ Demand Justice/ GOP Senate/ federal judiciary/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ With Republicans set to take control of the Senate in January, progressive groups are pressing Democrats to confirm as many of President Biden’s judicial nominees as possible. Activists are mobilizing, urging Senate Democrats to extend their session and push through pending judicial appointments.

FILE – Senate Judiciary Oversight Committee Chair Sen. Dick Durbin, D-Ill., speaks during a hearing June 13, 2023, on Capitol Hill in Washington. Durbin says it’s time for Supreme Court justices to bring their conduct in line with the standards of other branches of government. Durbin was responding Tuesday, July 11, to Associated Press investigative stories. (AP Photo/Jacquelyn Martin, File)

Urgent Push to Confirm Biden Judges Before GOP Control Quick Looks

  • Progressive Pressure: Demand Justice and other groups are lobbying Senate Democrats to confirm Biden’s judges.
  • Time-Sensitive Effort: Democrats have only seven weeks to push through pending judicial nominations before the GOP-led Senate takes over.
  • Judicial Backlog: Currently, 17 Biden nominees await a full Senate vote, with more nominees pending in committee.
  • Obstacles: Democratic Senators face a tight schedule with upcoming holiday breaks and other legislative priorities.
  • Political Strategy: Trump and Republicans are urging GOP senators to block Biden’s judicial appointments during this final session.
  • Historical Precedent: Democrats cite bipartisan cooperation in previous administrations as they seek a similar approach from Republicans.

Progressives Urge Senate to Confirm Biden Judges Before GOP Control

Deep Look

As Republicans prepare to assume Senate control in January, liberal advocacy groups are pushing Senate Democrats to confirm President Biden’s judicial nominees while they still hold power. Demand Justice, a progressive organization focused on court appointments, is ramping up efforts to ensure Biden’s nominees are seated before the year-end transition. With just seven weeks remaining in the 118th Congress, activists are pressing Democratic leaders to do “whatever it takes,” including extended sessions and weekend work, to confirm as many judges as possible.

Urgency of Judicial Confirmations Amid Shifting Senate Power

Since Biden took office, Democrats have confirmed 213 judicial nominees, including district and appellate court judges. However, several dozen nominees remain in limbo, and time is running short. If Democrats do not act quickly, many of Biden’s judicial nominees could lose their chance at confirmation, potentially shifting the balance of the federal judiciary under incoming Republican leadership.

Senate Democrats returned to Washington this week with a full agenda, including critical tasks like passing the annual defense policy bill, approving additional disaster relief, and finalizing a government funding package. Despite these obligations, activists argue that confirming judges should be a top priority, given the potential long-term impact on the federal judiciary.

Demand Justice Leads Campaign for Swift Action

Demand Justice and other progressive groups are launching a multi-pronged campaign to pressure Senate Democrats. Their strategy includes direct lobbying, Capitol Hill events, targeted advertisements, and even a website allowing constituents to track the confirmation progress. Skye Perryman, a senior advisor at Demand Justice, emphasized that the need for “qualified, fair-minded judges” is more urgent than ever, especially as conservatives prepare to take control of the Senate.

Maggie Jo Buchanan, another Demand Justice strategist, called for lawmakers to “stay late, work weekends” to push through the nominations. Prominent progressive senators, including Elizabeth Warren, have echoed these sentiments, calling for every available hour of the end-of-year legislative session to confirm Biden’s nominees, many of whom cannot be removed by the incoming administration.

Obstacles in a Tightly Divided Senate

The Senate Judiciary Committee currently has 17 nominees ready for a full Senate vote, eight more pending committee votes, and an additional six awaiting hearings. Senate Majority Leader Chuck Schumer has expressed commitment to confirming as many judges as possible, stating, “We are going to get as many done as we can.” However, the holiday season complicates the timeline, with the Senate scheduled to recess around Thanksgiving and Christmas.

Further challenges come from within the Democratic caucus. Senators Joe Manchin of West Virginia and Kyrsten Sinema of Arizona, both independents, often take moderate stances, with Manchin recently reiterating that he will not support judicial nominees lacking bipartisan backing. This stance narrows the Democrats’ already slim margin, increasing the importance of unified Democratic support.

Trump and GOP Call for Opposition to Nominations

Former President Donald Trump has urged Republicans to block Democratic efforts to confirm Biden’s nominees, framing the move as an attempt to “ram through” judges before the GOP-led Senate takes over. Trump’s call to action has rallied Republican senators who are eager to shape the judiciary under the incoming administration. White House spokesperson Andrew Bates countered, stating that delays in judicial confirmations create “real-life tolls” through court backlogs and slow criminal case processing, urging bipartisan cooperation to “staff the federal bench.”

Historical Precedent and Appeals for Bipartisanship

Senator Dick Durbin, chair of the Senate Judiciary Committee, recalled that Democrats supported a package of judicial confirmations at the end of Trump’s presidency and expressed hope that Republicans would reciprocate by expediting remaining Biden nominees. Durbin believes confirming two dozen judges during the lame-duck session is feasible, noting that it would take extensive commitment but could yield significant progress.

Liberal organizations like The Leadership Conference on Civil and Human Rights have also voiced support for fast-tracking Biden’s judicial picks, urging senators to prioritize the confirmation process in their remaining time. Lena Zwarensteyn, senior director of the fair courts program, stressed the urgency, noting the significant impact of judicial appointments on issues that matter to everyday Americans.

Progressive Outlook for the Federal Judiciary

Demand Justice’s campaign reflects the high stakes of the current judicial nomination process. Many of Biden’s nominees, if confirmed, would bring diverse backgrounds and progressive perspectives to the federal bench, affecting rulings on civil rights, healthcare, environmental protections, and more for years to come. With little time left before Republicans assume control, progressive groups argue that Senate Democrats should spare no effort to confirm judges who will uphold Biden’s priorities and secure a balanced judiciary.

The political struggle over judicial nominations underscores the critical role of the federal bench in shaping U.S. law. As both parties mobilize to shape the future of the judiciary, the remaining weeks of the 118th Congress promise to be pivotal for the Biden administration’s legacy on judicial appointments.

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