The race to the bench

TAKUYA AMAGAI: One of the significant developments during the Trump Administration was the large numbers of Federal Judges that the Republicans were able to confirm in 4 years. The U.S. Senate confirmed 245 of the Former President’s Judges, including 3 U.S. Supreme Court Justices. While it is true that a number of these judges had significant support from Democratic U.S. Senators, it is a mistake to ignore the conservative influence on the Federal Judiciary. The Biden Administration and Democrats in the U.S. Senate must move as quickly as possible to nominate and confirm as many judges as they can.

Recently, the U.S. Supreme Court struck down a COVID-19 restriction in California because the Court’s conservative majority believed that the restriction violated the First Amendment’s religious protections. Thanks to Georgia, President Biden now has a unique opportunity to start shifting the Federal Judiciary in a more progressive direction. 

Here are two reasons why:

First, Federal Judges are a key line of defense against infringements of civil liberties and voting rights. This year, 33 states across the country have introduced more than 100 bills that aimed to restrict the rights of transgender people. States like Georgia and Montana have passed legislation that restricts voting rights. In states where Democrats lack a legislative majority or a governor, lawsuits may be the only avenue to stop bills that aim to strip protections from vulnerable populations and restrict people’s voting rights. As of April 1st, President Biden has an opportunity to fill 69 positions in the Federal Judiciary. While it is true that none of the open positions are for the U.S. Supreme Court, that does not lessen the importance of filling these seats. The Supreme Court only hears about 80 cases a year. This means that the U.S. Circuit Court of Appeals, which hears about 7000 cases a year, is often the final verdict in many of these lawsuits. This illustrates the importance of filling as many seats in the U.S. Court of Appeals and the U.S. District Courts as possible, since most cases may never arrive before the U.S. Supreme Court.

Second, U.S. Senate Democrats have a very narrow hold on their Senate Majority. In a 50-50 U.S. Senate, Democrats have the majority thanks to the ability of Vice President Harris to cast a tie-breaking vote. There are some Democratic Senators who currently hold seats in states with a Republican Governor. If a vacancy were to happen in any of these states, the Republican Governor could likely pick a Republican replacement, causing Democrats to lose their majority in the U.S. Senate. Considering that they have a fragile majority, the Biden Administration should work with Senate Democrats to confirm their judicial appointees as quickly as possible.
While it is crucial to fill many vacancies in the Executive Branch and pass much-needed legislation such as For the People’s Act, Judicial Appointments should remain a top priority for the Biden Administration. In many areas of the country, the judicial branch is the last avenue to fight back against attempts that tarnish our democracy and promotes bigotry. Judicial appointments last for a lifetime, affecting the United States years after the President leaves office. Appointments of a contingent of judges who will defend democracy and civil rights could be one of the most significant legacies for President Biden.

Takuya Amagai is an MPP Student in Class 2022. He is originally from Tokyo, Japan, and is a cat and dog person.