Bloomberg Law: Biden Builds Judicial Legacy With Diversified Federal Courts

Bloomberg Law

President Joe Biden and Senate Majority Leader Chuck Schumer are transforming the federal courts at a blistering pace and creating an unrivaled legacy of diversity that will redefine the federal bench for a generation.

Of the 97 judges confirmed by the Senate in the last two years, three quarters of them are women, and nearly half of the appointees — including Supreme Court Justice Ketanji Brown Jackson — are women of color.

Mike Davis, founder and president of the conservative Article III Project, said Democrats and their allies are less interested in bringing more diversity to the courts than they are in selecting jurists who they believe will issue rulings more in line with their values.

“When Democrats crow about diversity, that’s code for liberal judicial activists,” Davis said. He said Democrats have been quick to oppose female and minority judicial nominees of GOP presidents if they think they could issue conservative opinions.

Biden has moved the Second Circuit back to a slight edge of Democratic nominees. Davis predicted that with a 51st Senate seat at their disposal, Biden and Schumer could also turn back the other two appellate courts.

“President Trump’s biggest accomplishment of his first term was the transformation of the Supreme Court and lower federal courts,” Davis said. “And with Democrats now controlling the White House and the Senate, President Biden is going to erase President Trump’s gains in the federal circuit courts over the next two years.”

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