Tuesday, May 7, 2024

President Biden's Impact on the Fourth Circuit Federal Judiciary

 The Fourth Circuit wraps itself geographically around the Nation's Capital. It is the last circuit to include any of the original 13 colonies, and politically it runs the rainbow from dark blue (Maryland) to deep red (South Carolina).  It is also the first of the districts in numerical order to present the non-partisan, long-standing conundrums for presidents with a will to shape the judiciary: You just CAN'T appoint judges, unless you have an OPEN SEAT.  And there is the pesky, non-Constitutional caveat, that you also need to have the state's Senators on board.  A courtesy that has been weaponized in recent years as the stakes over the future of our nation are once again embroiled in the issue of Racism wrapped in Misogyny sprinkled with Hetero-centrism spiced by Religious zealotry...not to put too fine a point on it.

As two the first three circuits from Maine to Delaware, there was a lot of pent-up progressive angst that was released and relieved by a Democratic Administration.  And now the ideological tables have turned.  It is an inevitable result of our omnipresent "Winner-Takes-All" cultural mind-set.  Having said that, keep in mind that in the following Districts no openings have come up: Northern West Virginia, Southern West Virginia, Eastern North Carolina, and in the other two North Carolina districts, one or both of the Senators have blocked all the proposed nominees.

And yet, the dial has still moved in the direction of a More Perfect Union. 







President Biden's Impact on the Third Circuit of the Federal Judiciary

 The Third District includes Pennsylvania, New Jersey, and Delaware and the Article IV Territorial Court of the U. S. Virgin Islands.  The only Federal courts without any White Judges are the four Article IV Territorial Courts: Puerto Rico, U. S. Virgin Islands, Northern Marianas Islands and Guam  For years the U. S. Virgin Islands was the exception, but today both judges are Black.

While the overall gender split remains predominantly male, the needle was moved from 32.4% to 44.0%!  Also, 5 of the 7 courts have gender parity or female superiority.  This is an increase of 2 up from 3 when President Biden first took office.

In terms of Racial and Ethnic diversity, President Biden has moved the needle from a circuit where 77.9% of the Justices were White to one where now 64.4%








Sunday, May 5, 2024

President Biden's Impact on the Second Circuit Federal Judiciary

 Like the first, President Biden's appointments to the Federal Appellate and District Courts of the Second Circuit has created the second ever majority female circuit!  With 13, reason would suggest that 6 or 7 would be, but never before.

Perhaps when it comes to women justices, the Second Appellate is second none with the appointment of 6 women.  Notably, two who are also Lesbian, another type of diversity that President Biden has excelled in normalizing.  Biden's predecessor, Donald Trump, also had 2 seats to fill on this court and chose to push gender equality back with 6 men.  There really isn't a single court anywhere that represents a model for the contrast between the two President's vision for the United States.




In regards to racial and ethnic diversity, President Biden has also push the envelope toward a more colorful Judiciary.  Having said that, one of the bedrocks of our Judicial system in the right to be judged by one's peers.  So the fact that both District Judges in Vermont are white, doesn't bother me in the least.  As to Western and Northern New York, both Districts have open seats that have not been nominated for yet.  Ergo, it's possible and reasonable that in keeping with his present philosophy diverse candidates could be coming to either or both.

And still, the percentage of White Judges dropped from 70.6% at the end of the Trump administration to 58.1% as President Biden's first term completes its final year.




Saturday, May 4, 2024

Dinner: Soup! Kielbasa, Cabbage, Yukon Gold Potato, Roasted Tomato & Sauerkraut

 So Damned GOOD!




President Biden's Impact on the First Circuit Federal Judiciary

 I have begun an exploration, as the final year of the first term of Biden's Presidency is coming to a close--and with no guarantee of a second term--of his impact on the Federal Judiciary.  It is not an exhaustive look at the case law or anything like that--the jury, as they say, is still out on the details.  But we can look at the "look" of the courts from the point of view of 1) Gender, and 2) Racial/Ethnic Diversity of the judges that Biden has chosen.

Before he was elected President, where did things stand?  Now that he's more or less done what he can do place his mark on the third branch of government, were are we?

Lets look at this by Circuit starting with the first.  The First Circuit is the smallest by any reasonable measure.  It encompasses more of traditional New England and the territory of Puerto Rico. At just six judges, the Appellate level is the smallest be far of the 13 Article III courts.  Massachusetts is the largest of the District Courts with 13 judicial seats.

Historically, it was formed by a breaking apart of itself in 1891--with the older portion of the circuit going into the Second Circuit.  Ergo, all of the history of the Appellate Court for these states/territories fulls under other Circuits prior to 1891.  Weird, right?  In this break-up, the power centers moved to New York City and Philadelphia, leaving Boston behind.

It could be argued that the Biden administration has orchestrated a similar paradigm shift.  In the past 3-plus years, the first Circuit has become the first Federal Judicial Circuit in the United States to have a majority of it's judges being women.  People.  This is a cause to celebrate!






Dinner: Salmon Patties with Greek Yogurt, Spinach and Artichoke Sauce