Biden Plans Veto of Judicial Expansion Bill

 December 11, 2024

President Joe Biden announced on Tuesday his intention to veto the JUDGES Act, a controversial bill designed to expand the number of federal judgeships by 66 over the next decade.

This development from the Biden White House underscores the ongoing tensions between Democrats and Republicans over the judicial appointments process following President-elect Donald Trump's victory, as the Washington Examiner reports.

The JUDGES Act, which passed the Senate unanimously in August, seeks to address a significant backlog of nearly 750,000 federal court cases through a gradual increase in the number of federal judgeships.

However, the White House has raised concerns about the timing and motivations of the bill, suggesting that its aim extends beyond resolving case backlogs. The administration believes that "judicial economy and caseload" are not the primary driving forces behind the bill's advancement.

Biden expressed skepticism regarding the recent moves by Republicans to push the bill forward. He noted that following Trump's election victory, there was a noticeable push to advance the legislation, and the House only began considering the bill after the results were confirmed.

The House is slated to vote on the bill this week, but Biden's promise of a veto could mark the end of the bill's journey through the 118th Congress.

Partisan Tensions Emerge Over Bill

Initially, Democrats supported the bill, recognizing the need for additional judicial resources. However, they are now retracting their backing amidst fears that the legislation is being politicized.

Rep. Jerry Nadler (D-NY) voiced concerns that Republicans waited for the election outcome to strategically advance the bill, presenting it as a mechanism for Trump to enhance his presidential authority.

If enacted, the bill would implement its expansion in phases, including the addition of 22 judgeships while Trump is in office. Specifically, it would establish 11 new judgeships in 2025 and another 11 in 2027.

House Republicans have defended the initiative, with Judiciary Committee chairman Jim Jordan (R-OH) asserting that increasing the number of judges is "the right thing to do" for addressing the current backlog.

Speaker Mike Johnson (R-LA) has echoed similar sentiments, emphasizing the critical need for more judges to ensure timely court proceedings. Rep. Chip Roy (R-TX) suggested that the likelihood of accomplishing more favorable legislation increases when Republicans regain majorities in both chambers along with Trump assuming the presidency.

Debate Over Judicial Crisis Intensifies

The debate over this bill also highlights divergent perspectives on resolving a purported judicial crisis. Sen. Todd Young (R-IN), who sponsored the JUDGES Act, urged Biden to reconsider his veto stance, asserting that the bill would effectively alleviate extended court wait times and restore efficiency within the judicial system.

Meanwhile, Senate Minority Leader Mitch McConnell (R-KY) criticized Biden's veto threat, characterizing it as an act of "selfish spite." More than 300 judges have endorsed the need for additional resources, articulating their concerns that mounting pressures are eroding public confidence in the judiciary's ability to function efficiently.

Despite these calls for action, the White House remains wary. Recently, it released a statement arguing that the bill seeks to create new judgeships strategically where certain Senators aim to leave current positions vacant, thus questioning the true intent of the legislation.

Context of Partisan Battles Over Judiciary

Carl Tobias, a law professor at Richmond University, observed that the GOP delayed the bill's progression until after the elections, reflecting a broader dynamic of partisanship affecting judicial confirmations. He noted, "modern partisanship and politicization" within the confirmation process, leading to party-line divisions and debates involving both judicial and political considerations.

During his first term, Donald Trump successfully confirmed 234 federal judges. Comparatively, President Biden has confirmed 231 judges as of Tuesday. This parallel has accentuated the strategic importance both parties place on federal appointments, as they shape the judiciary's composition and influence over future legal interpretations.

Looking forward, Republicans acknowledge the difficulty in rallying a two-thirds majority to override Biden's veto in the current Congress. They anticipate revisiting the proposal with more leverage once Trump assumes office and the political landscape shifts in their favor.

As the political maneuvering continues, the overall ramifications of the JUDGES Act remain uncertain. For now, the dispute over the bill serves as a poignant reminder of the deeply embedded challenges within America's judiciary and the political processes that govern it.

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