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Bipartisan Push Mounts Against Biden's Planned Veto of Judgeship Expansion Bill

 December 21, 2024

In a notable bipartisan move, California Reps. Darrell Issa and Lou Correa have urged President Joe Biden to reconsider his decision to veto the JUDGES Act, legislation aimed at addressing the significant backlog in federal courts by adding new judgeships.

The JUDGES Act, which received overwhelming bipartisan support in Congress, seeks to introduce 66 new federal district judgeships to help alleviate the current strains on the judicial system, as Bloomberg Law reports, and pressure is mounting for Biden to reverse course in his opposition.

The proposed JUDGES Act (S. 4199) aims to introduce 66 federal district judgeships across the United States. This legislation includes 63 permanent and three temporary trial court positions, spread out over the next decade.

Legislative Details And Bipartisan Support

The bill garnered broad bipartisan support in the House, with 29 Democrats joining nearly all Republicans in backing the proposal.

It passed the House with a vote of 236-173 and was unanimously approved by the Senate in August. The bipartisan nature of the support underscores the widely recognized need for more judges to handle the growing caseload in federal courts.

Despite the legislative consensus, the White House has issued a veto threat. The administration argues that the expansion is "unnecessary to the efficient and effective administration of justice."

This position has sparked significant debate, particularly in light of the bill's overwhelming support from hundreds of federal judges who have expressed the dire need for more judicial resources.

Shift in Political Dynamics After Election

This veto threat comes amidst a shifting political landscape. The bill's progression has been scrutinized, with some Democrats expressing concerns that its timing -- following Donald Trump's election win -- may allow the former president's appointees to fill many of these new positions. This concern has contributed to the polarized views on the bill, despite its initial bipartisan support.

Federal judges, including Chief Judge Dolly Gee of the US District Court for the Central District of California, have actively communicated with lawmakers about the urgent need for more judgeships. Gee has described her court as "desperate" for reinforcements, highlighting the severity of the situation.

Lawmakers Appeal to President Biden

Reps. Issa and Correa, in a letter dated Dec. 12, emphasized the bipartisan effort behind the JUDGES Act, describing it as crucial for ensuring timely justice for all Americans.

They highlighted the non-partisan nature of judicial needs and urged the President to reconsider his stance for the greater good of the federal judiciary.

"Addressing the needs of our judiciary is not a partisan issue but a national imperative," Issa and Correa wrote. They pleaded with Biden to "please wait" and give the bill further consideration, suggesting that a veto might tarnish his legacy regarding federal court reform.

Issa further argued that President Biden would be making a significant mistake if he were to veto the bill, stating, "The president will either have a legacy of doing something for the right reason for the federal court, or he will have a legacy of having vetoed something that he clearly would have signed had it come to his desk a month earlier."

Increasing Demands on Federal Courts

The push to expand the number of federal judgeships comes as more than a dozen courts across the country have been identified as needing reinforcements.

This would be the first major expansion of the federal judiciary since 1990, reflecting the growing backlog and delays in litigation that jeopardize the timely administration of justice.

The urgency expressed by federal judges has highlighted the critical gaps in the current system, with many warning that failing to expand the judiciary could lead to even longer delays in litigation.

This scenario would ultimately undermine the ability of the judicial system to function effectively, impacting Americans' access to justice.

As the debate continues, the responses from various stakeholders will likely influence the final decision on the JUDGES Act. With significant implications for the federal judiciary, the outcome of this legislative effort will be closely watched by both legal experts and the public.