Biden Starts Placing His Vision on the Federal Judiciary

 Among a many other things that I am, a Judiciary Nerd can be counted.  I would think it is the largest branch of government, also most generally ignored.  It would seem to like operating off the radar, yet don't let a low profile fool you--I think it's the most important branch with the largest potential impact on our lives.  While the Legislative branch makes and passes laws, and the Executive branch signs them into being; it is the Judicial branch that gets to tell us what they mean.  

No greater example rest in the 2nd Amendment's current interpretation.  All the focus is on "not abridging" our right to "bear arms," and next to none on the pesky little "well regulated militia" phrase. 

Senator Mitch McConnell worked to stack the court under Trump's tenure with judges who agree with that interpretation.  These judges were also far more white and male than nominees offered by the past 6 administrations.  You'd have to go back to the Ford years to come close.

Currently, at the Federal District level, there are vacancies in all 11 Circuits and the District of Columbia Circuit.  To be exact, 29 of the 101 districts have vacancies.  These do not include the Appellate Courts, the Federal Court, or the Superior Court of the District of Columbia--all levels of which also have vacancies.  With so many possibilities, it's curious to me as to where President Biden begins exerting his influence.

In two groups on April 19, and April 28, Biden sent a total of 14 nominees to congress.  Excluding those intended to fill openings on Appellate, Federal, and Superior courts. Nine are meant to begin filling the 70 current vacancies at the District level.  Here are charts from my database to show who, with whom and where these nominees are intended to serve providing that they are confirmed by the Senate.

An explanation of the charts left to right by cell:

Cell 1: "number" represents the rank of the just from the first judge to serving the district, the color represents the party of the president who nominated the judge--red for Rep and blue for DEM

Cell 2: The name of the judge/nominee, a bold yellow outline indicates the person is a women

Cell 3: The approximate age of the judge.  Based on the year of birth and updated in January, it is possible that justices are, in fact, a year older that recorded here.

Cell 4: The year they were commissioned to their seat.

Cell 5: Their status.  On a larger database, I also include all of the "Senior" status justices indicating a place of semi-retirement with reduced work load and responsibilities.

With that in mind, the first 9 nominees go to fill vacant seats in the Districts of: New Jersey (3rd Circuit), Maryland (4th Circuit), Western Washington (9th Circuit), New Mexico and Colorado (10th Circuit).  

THE DISTRICT COURT OF NEW JERSEY

This is a court that was completely ignored by McConnell/Trump.  The only one treated like this outside of the 9th Circuit.  Seats 88 & 89 have been vacant for over six year, and on average the seats have been open for 3.5 years.  A recent article in the New York Times described this District as being in crisis.

The addition of Biden's nominees would bring the number of active justices to 14.  The District would also be evenly divided along gender, which would make New Jersey unique as the number of districts with gender parity throughout the country can be counted on one's fingers.  The color coding indicates that 7 of the current justices were nominated by President Obama, and the remain 5 by President George W. Bush.

THE DISTRICT COURT OF MARY-LAND

Is a rather quirky place to choose.  At present there is only ONE vacancy, yet Biden nominated two justices.  The first will fill the empty seat.  In this District, there are two judges who have announced their desire to take Senior Status.  Rather than give a date, they have both stated that they will do so upon the confirmation of their successor.  I think it's a pretty nifty idea, actually, but I've never heard of any judge doing this before.  Ergo, once nominee Griggsby is confirmed, Judge Bennett will immediately transfer to the Senior Justice status.  Judge Hollander is the other Justice who has made this unique promise/request.  Upon the addition of Boardman and Griggsby, Maryland will become another district with gender parity.  Orange is the color assign to President Trump.  

While progressive Americans look at all of McConnell/Trump's Judges as radically conservative ideologues hellbent on turning back our social progress, Justice Gallagher was actually nominated by President Obama.  Time ran out, and she never received a confirmation vote.  Then it was McConnell/Trump who re-nominated her in 2019 with bi-partisan support, and she was confirmed roughly 4 years after her first failed nomination.

THE DISTRICT COURT OF WEST-ERN WASH-INGTON

This is the District that I saw as the number one District in crisis.  When seven Judges are reduced to just two for a prolonged period of time, there's got to be stress.  Three of these seats have been vacant now for over 5 years.  Biden's nominees reintroduce a female justice to the active roster and leave him with 3 additional seats to move the pendulum to center or beyond.

THE DISTRICT OF COLO-RADO

Adding a highly qualified female justice to the District Court of Colorado seems like the obvious option.  Current Judge Jackson has announced his intention to seek Senior status on September 30 of this year, which will give President Biden an opportunity to move this court closer to gender parity.

THE DISTRICT OF NEW MEXICO

With two vacancies, Biden's first nominee brings gender parity to the District of New Mexico.  I've spoken about this concept a lot here.  I think it's critically important to the continued progress of our nation in fulfilling it's promise of a "more perfect union".  I feel like Biden understands this, too.  This this end, I would applaud the appoint of a Native American justice to fill the remaining seat...male or female.  Blue indicates a judge appointed by President Clinton.