About 75% are women and nearly a quarter are African-American
in the federal courts, amounting to more than a quarter of America’s federal judiciary and a third of the Supreme Court. Now that Democrats have retained control of the Senate, Joe Biden can make a mark of his own. He has already seated 85 judges, including 25 to the powerful circuit courts of appeal and one—Ketanji Brown Jackson—to the Supreme Court.
Whereas Mr Trump’s judges style themselves as “originalists”—followers of what they take to be the original meaning of the constitution—Mr Biden’s appointees largely eschew labels. Leah Litman, of the University of Michigan, says the 85 are “quite moderate and cautious”, in contrast with Trump appointees who “pen opinions suggesting courts should radically revisit the law”.
The jurists who have joined the federal bench under Mr Biden are the most diverse, in terms of ethnicity and gender, in history. Of the 85, 64 are women. Nearly a quarter are African-American; two-thirds are non-white. Mr Trump’s judges are mostly male and white . Mr Biden is taking a cue from his predecessor on youthfulness: the average age of his nominees is 47. Two recent choices for appeals-court seats are still in their 30s.
With the House of Representatives moving to Republican control and legislative prospects dimmed, Mr Biden and the Democratic majority in the Senate should have plenty of time to focus on judicial nominations. Of the 116 current or expected vacancies in federal courts, 50 await a nominee. But no matter how quickly Democrats fill those, Mr Biden’s confirmation record by the end of his term may not quite match that of his predecessor.
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