Joe Biden judicial appointment controversies
President Joe Biden began his presidency with fewer vacancies to fill than his predecessor.[1][2] President Biden pledged to nominate people with diverse backgrounds and professional experience.[3] Biden also pledged to nominate the first Black woman to the Supreme Court of the United States.[4]
By the end of 2021, 41 judges had been confirmed, the most since Ronald Reagan.[1] By the end of his first year in office, Biden had nominated 73 individuals for federal judgeships, one more than president Donald Trump during the same point in his presidency.[5]
Supreme Court
Confirmed nominee
Supreme Court of the United States
- Ketanji Brown Jackson (of Washington, D.C.): On February 25, 2022, President Joe Biden announced that he would nominate Judge Ketanji Brown Jackson to succeed Stephen Breyer as an associate justice of the Supreme Court of the United States.[6][7][8][9][10] At the time of her pending nomination, Jackson was a judge on the United States Court of Appeals for the District of Columbia Circuit, to which she was appointed by Biden in 2021. On February 28, 2022, her nomination was sent to the Senate.[11] Senate Minority Leader Mitch McConnell characterized Jackson as "the favored choice of far-left dark money groups that have spent years attacking the legitimacy and structure of the court itself".[12] The Republican National Committee called Jackson "a radical, left-wing activist who would rubber stamp Biden’s disastrous agenda".[13][14] Republican Senator Lindsey Graham, who had previously voted in favor of Jackson's confirmation to the DC Circuit Court of Appeals, stated that the nomination "means the radical Left has won President Biden over yet again".[14] Her confirmation hearings before the Senate Judiciary Committee opened on March 21.[15] After the Judiciary Committee deadlocked in an 11–11 vote, her nomination was advanced on April 4 by a 53–47 procedural vote in the Senate.[16][17][18] She was subsequently confirmed by the same margin on April 7, 2022.[19]
Appellate nominees
Confirmed nominees
United States Court of Appeals for the Second Circuit
- Eunice C. Lee (of New York): On May 12, 2021, President Biden nominated Lee to serve as a United States circuit judge for the United States Court of Appeals for the Second Circuit to the seat vacated by Judge Robert Katzmann, who took senior status on January 21, 2021.[20] On June 9, 2021, a hearing on her nomination was held before the Senate Judiciary Committee.[21] During her confirmation hearing in 2021, she distanced herself from the contents of a letter she wrote as an Ohio State undergrad in 1991, which talks about Thomas being a "black conservative."[22] On July 15, 2021, her nomination was reported out of committee by a 11–10 vote; Senator Lindsey Graham passed on the vote.[23] On August 3, 2021, U.S. Senate Majority Leader Chuck Schumer filed cloture on Lee's nomination.[24] On August 5, 2021, the Senate voted 50–49 in favor of cloture on Lee's nomination, with Senator Graham absent.[25] On August 7, 2021, her nomination was confirmed by a 50–47 vote.[26][27] She is the second African American woman ever to serve on the Second Circuit and the only judge with experience as a federal defender serving on that circuit.[28]
United States Court of Appeals for the Third Circuit
- Arianna J. Freeman (of Pennsylvania): On January 19, 2022, President Joe Biden announced his intent to nominate Freeman to serve as a United States circuit judge of the United States Court of Appeals for the Third Circuit. President Biden nominated Freeman to the seat vacated by Judge Theodore McKee, who on July 29, 2021, notified the White House that he intended to assume senior status upon confirmation of his successor.[29] On January 28, 2022, following Justice Stephen Breyer's announcement of his intention to retire as an Associate Justice of the U.S. Supreme Court, Freeman was mentioned as one of the potential nominees for a Supreme Court appointment by President Joe Biden.[30] On March 2, 2022, a hearing on her nomination was held before the Senate Judiciary Committee.[31] During her confirmation hearing, Republican senators criticized her work as a public defender.[32] On April 4, 2022, the committee were deadlocked on her nomination by an 11–11 vote.[33] On June 22, 2022, the Senate discharged her nomination from committee by a 50–48 vote.[34] On September 12, 2022, the United States Senate invoked cloture on her nomination by a 45–44 vote.[35] On September 13, 2022, the Senate did not confirm her nomination by a 47–50 vote.[36] On September 29, 2022, her nomination was confirmed by a 50-47 vote.[37] She is the first African-American woman to serve on the Third Circuit.[38][39]
United States Court of Appeals for the Sixth Circuit
- Andre Mathis (of Tennessee): On November 17, 2021, President Biden announced his intent to nominate Mathis to serve as a United States circuit judge of the United States Court of Appeals for the Sixth Circuit;[40] his nomination was sent to the Senate the following day. President Biden nominated Mathis to the seat vacated by Judge Bernice B. Donald, who will take senior status upon confirmation of her successor.[41] On January 3, 2022, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate;[42] he was renominated later the same day.[43] On January 12, 2022, a hearing on his nomination was held before the Senate Judiciary Committee.[44] During the hearing, senator Marsha Blackburn said she had "serious concerns" about Mathis' experience and referenced his "rap sheet" due in part to three previous speeding tickets.[45] She stated, "He has a rap sheet with a laundry list of citations, including multiple failures to appear in court. In Tennessee, we expect our judges to respect the law. If Mr. Mathis thought he was above the law before, imagine how he'll conduct himself if he's confirmed as a federal judge."[46] Blackburn and fellow senator Bill Hagerty recommended an alternative pick, Camille McMullen, a Democratic appointee to the Tennessee Court of Criminal Appeals who is also Black.[47] On February 10, 2022, his nomination was reported favorably out of committee in a 12-10 vote.[48][49] On September 7, 2022, the United States Senate invoked cloture on his nomination by a 48–45 vote.[50] On September 8, 2022, the Senate confirmed his nomination by a 48–47 vote.[51]
United States Court of Appeals for the Ninth Circuit
- Lucy Koh (of California): On September 8, 2021, President Biden announced his intention to renominate Koh to be a United States circuit judge of the United States Court of Appeals for the Ninth Circuit.[52] On September 20, 2021, her nomination was sent to the Senate. President Biden nominated Koh to the seat to be vacated by Judge Richard Paez, who will assume senior status upon confirmation of a successor.[53] On October 6, 2021, a hearing on her nomination was held before the Senate Judiciary Committee.[54] During her hearing, Koh was criticized by Republicans senators for her decisions related to religious rights during the COVID-19 pandemic.[55] On October 28, 2021, her nomination was reported out of committee by a 13–9 vote.[56] On December 9, 2021, the U.S. Senate voted 51–38 for cloture on Koh's nomination. On December 13, 2021, Koh was confirmed by a 50–45 vote.[57][58]
- Jennifer Sung (of Oregon): On June 30, 2021, President Biden announced his intent to nominate Sung to serve as a United States circuit judge of the United States Court of Appeals for the Ninth Circuit.[59] On July 13, 2021, her nomination was sent to the Senate. President Biden nominated Sung to the seat to be vacated by Judge Susan P. Graber, who will assume senior status upon confirmation of a successor.[60] On September 14, 2021, a hearing on her nomination was held before the Senate Judiciary Committee.[61] During the hearing, Senators questioned her about her decision to sign a letter regarding Brett Kavanaugh's nomination to the U.S. Supreme Court. The letter accused Kavanaugh of being an "intellectually and morally bankrupt ideologue" and claimed that "people will die if he is confirmed".[62] Sung said she recognized that much of the letter's rhetoric "was overheated," but she did not disavow the letter or say "whether she thought Kavanaugh was indeed 'intellectually and morally bankrupt.'"[63][64][65] The Senate Judiciary Committee was deadlocked by a 10–10 vote.[66][67] On November 3, 2021, Senate Majority Leader Chuck Schumer filed a motion to discharge Sung's nomination from committee. Later that day, the Senate voted 49–49, with Vice President Kamala Harris breaking the tie, to discharge Sung's nomination from committee.[68] On December 9, 2021, the U.S. Senate invoked cloture on her nomination by a 48–39 vote.[69] On December 15, 2021, her nomination was confirmed by a 50–49 vote.[70]
District court nominees
Confirmed nominees
United States District Court for the District of Colorado
- Charlotte Sweeney: On August 5, 2021, President Joe Biden nominated Sweeney to serve as a United States district judge of the United States District Court for the District of Colorado. President Biden nominated Sweeney to the seat vacated by Judge R. Brooke Jackson, who assumed senior status on September 30, 2021.[71] On October 20, 2021, a hearing on her nomination was held before the Senate Judiciary Committee.[72] On December 2, 2021, the Senate Judiciary Committee voted 11–11 on a party-line vote, stalling her nomination in committee.[73] On January 3, 2022, her nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate;[74] she was later renominated the same day.[43] On January 20, 2022, her nomination was stalled in committee by an 11–11 vote.[75] The Senate voted on a motion to discharge her nomination from committee on May 11, 2022 by a 51–49 vote.[76] On May 24, 2022, the Senate invoked cloture on her nomination by a 48–42 vote.[77] On May 25, 2022, the Senate confirmed her nomination by a 48–46 vote.[78]
United States District Court for the District of Nevada
- Anne Rachel Traum: On November 3, 2021, President Joe Biden announced his intent to nominate Traum to serve as a United States district judge of the United States District Court for the District of Nevada.[79][80] On December 15, 2021, a hearing on her nomination was held before the Senate Judiciary Committee.[81] The confirmation hearings were particularly contentious when questioned by Senator John Kennedy of Louisiana. He asked nine separate times whether [criminal misbehavior should be forgiven in the name of social justice], without receiving a direct yes or no response.[82] On January 3, 2022, her nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate;[83] she was later renominated the same day.[43] On January 20, 2022, her nomination was reported out of committee by a 12–10 vote.[84] On March 16, 2022, the United States Senate invoked cloture on her nomination by a 52–45 vote.[85] On March 23, 2022, the United States Senate confirmed her nomination by a 49–47 vote.[86]
United States District Court for the District of New Jersey
- Christine O'Hearn: On April 29, 2021, President Joe Biden nominated O'Hearn to serve as a United States district judge for the United States District Court for the District of New Jersey to the seat vacated by Judge Robert B. Kugler, who took senior status on November 2, 2018.[87] On June 23, 2021, a hearing on her nomination was held before the Senate Judiciary Committee.[88] Progressive magazine The American Prospect critiqued O'Hearn's nomination, saying she had "fought against workplace sexual harassment cases, defended police departments, and represented management during union drives."[89] On July 22, 2021, her nomination was reported out of committee by a 12–10 vote.[90] On October 19, 2021, her nomination was confirmed in the Senate by a vote of 53–44.[91]
- Karen M. Williams: On March 30, 2021, President Joe Biden nominated Williams to serve as a United States district judge for the United States District Court for the District of New Jersey to the seat vacated by Judge Jerome B. Simandle, who took senior status on May 31, 2017.[92] Progressive magazine The American Prospect criticized Williams' nomination, saying "Williams spent many years as a management-side labor and employment attorney, even arguing cases against workplace sexual harassment claims, a troubling background to those hoping for judicial appointments that might defend workers."[93] On July 14, 2021, a hearing on her nomination was held before the Senate Judiciary Committee.[94] On August 5, 2021, her nomination was reported out of committee by a vote 16–6.[95] On October 26, 2021, her nomination was confirmed in the United States Senate by a 56–38 vote.[96]
United States District Court for the Southern District of New York
- Jennifer H. Rearden: On May 4, 2020, President Donald Trump nominated her to a seat on the same court as part of a bipartisan package of nominees.[97] She was renominated On January 19, 2022 by President Joe Biden to serve as a United States district judge of the United States District Court for the Southern District of New York.[98][99] Rearden's nomination was criticized by Congresswoman Rashida Tlaib, who brought up Rearden's controversial role in the prosecution of Steven Donziger. Rearden represented Chevron in its countersuit against Donziger, an environmental lawyer who brought a class action case against Chevron related to environmental damage and health effects caused by oil drilling.[100] On March 2, 2022, a hearing on her nomination was held before the Senate Judiciary Committee.[31] On April 4, 2022, her nomination was reported favorably out of committee in a 22–0 vote.[101] On September 8, 2022, the United States Senate confirmed her nomination by a voice vote.[102] After the vote, Senator Elizabeth Warren submitted a statement for the record stating had there been a recorded roll call vote she would have opposed Rearden's confirmation.[103]
Stalled nominees
United States District Court for the Central District of California
- Hernán D. Vera: On September 8, 2021, President Joe Biden announced his intent to nominate Vera to serve as a United States district judge of the United States District Court for the Central District of California. On September 20, 2021, his nomination was sent to the Senate. President Biden nominated Vera to the seat vacated by Judge Margaret M. Morrow, who took senior status on October 29, 2015.[53] On October 20, 2021, a hearing on his nomination was held before the Senate Judiciary Committee.[72] On December 2, 2021, the Senate Judiciary Committee voted 11–11 on a party-line vote, stalling his nomination in committee.[104] On January 3, 2022, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate;[105] he was later renominated the same day.[43] On January 20, 2022, his nomination was stalled in committee by a 11–11 vote.[106] The Senate discharged his nomination from committee on June 22, 2022 by a 50–47 vote.
United States District Court for the Southern District of New York
- Dale Ho: On September 30, 2021, President Biden nominated Ho to serve as a United States district judge of the United States District Court for the Southern District of New York,[107] to the seat vacated by Judge Katherine B. Forrest, who resigned on September 11, 2018.[108] On December 1, 2021, a hearing on his nomination was held before the Senate Judiciary Committee.[109] During his confirmation hearing, Ho apologized for his "overheated rhetoric" on social media, which included past tweets critical of three Republican members of the Senate Judiciary Committee, Marsha Blackburn, Mike Lee, and Tom Cotton.[110] He was questioned by senators over a tweet in which he appeared to refer to himself as a "wild-eyed sort of leftist"; he explained that he was "referring to a caricature of the way other people may have described me, not how I would describe myself."[111] A resurfaced video from 2018 showed Ho calling the U.S. Senate and the Electoral College "undemocratic" and arguing that voting should be made easier and that people with criminal convictions should not lose the right to vote.[112] The conservative Judicial Crisis Network launched a $300,000 television ad campaign against Ho (the group's first TV campaign against a Biden judicial nominee);[113] in response, progressive group Demand Justice launched a six-figure ad campaign in support of Ho.[114] On January 3, 2022, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate;[115] he was later renominated the same day.[43] On January 20, 2022, his nomination was stalled in committee by a 11–11 vote.[116] The Senate will need to vote on a motion to discharge his nomination from committee.
United States District Court for the Eastern District of Wisconsin
- William Pocan: On December 15, 2021, President Joe Biden nominated Pocan to serve as a United States district judge of the United States District Court for the Eastern District of Wisconsin.[117] Biden nominated Pocan to the seat vacated by Judge William C. Griesbach, who took senior status on December 31, 2019.[117] His nomination is pending before the Senate Judiciary Committee. On February 15, 2022, U.S. senator Ron Johnson announced he would withhold his blue slip, effectively blocking Pocan from receiving a hearing in the Senate Judiciary Committee, complaining that the Court's Duty Station is in Green Bay while Pocan is from Milwaukee.[118][119]
See also
- List of federal judges appointed by Joe Biden
- Joe Biden Supreme Court candidates
- United States federal judge
- Judicial appointment history for United States federal courts
- Deaths of United States federal judges in active service
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