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and 212 for district judgeships—within two hours of
media outlets calling the presidency for Biden. Since
then, he said he’s had multiple conversations with
Biden transition officials about the judiciary.
“Some of the people in the transition have said
after being in the Obama administration and other
Democratic administrations, they had wished the
process had moved more quickly and things were
more ready to go at the beginning then,” Feingold
said. “And that’s the lesson I think we’ve learned.”
He said ACS created 45 working groups across 36
states to reach out to legal communities and start
identifying people who could be included on the list
of possible nominees.
Feingold added that a law firm volunteered to
help vet potential nominees so the selection process
could begin as quickly as possible. He declined to Nan Aron, president of Alliance for Justice.

name the firm, but called it “significant.” Aron said her group turned to a couple of law firms
Aron, the president of Alliance for Justice, said to help solidify the list of names, but also declined to
her group has also sent the Biden transition a list of say which ones were involved in the process.
potential nominees. She said those names stemmed Other groups are preparing for the process in
from the organization’s “Building the Bench” pro- other ways: Marge Baker, executive vice president
gram, which AFJ started last year to recruit people for People for the American Way (PFAW), said her
for potential judgeships. group is also placing a premium on a diverse judi-
She said that list similarly includes a diverse range ciary, but has not crafted a list of nominees for Biden
of possible nominees who come from different to choose from.
backgrounds. “It’s essential to maintain public trust She said the group is in touch with other organiza-
in our justice system, I think, having judges on the tions who might know attorneys or other legal fig-
bench who understand what it’s like to be a family ures who might be interested in joining the federal
whose children are sick because of polluted water, or judiciary. Baker added that PFAW is also contacting
women whose pay is less, or Black Americans who senators’ offices, as the lawmakers will play a role in
are systematically stopped and frisked and turn to choosing nominees.
the federal courts to protect their rights,” Aron said. Senators used to be able to block nominees for all
“And when they walk through those courthouse federal courts in their jurisdictions, but Senate Re-
doors, they need to feel like they’ll get a fair shake, publicans ended the process, known as returning a
not that the deck is stacked against them,” she con- blue slip, for circuit court nominations in 2018. Sen-
tinued. “So it’s critically important that judges come ators of the same state but opposing parties will also
from all corners of the legal profession. They’re negotiate with the White House on slates of possible
equipped to understand the views of each litigant judges, to avoid one member blocking a nominee.
and I think render more informed decisions because Even with the hundreds of names provided to
of their experience.” them, the Biden administration is at a disadvantage
The importance of diverse judges was underscored when it comes to combating the current president’s
in a statement signed by 71 progressive groups in- influence on the federal judiciary: Trump and Mc-
cluding Alliance for Justice, urging Biden to priori- Connell have overseen the confirmation of 233 Ar-
tize appointing judges once he takes office. ticle III judges, including 54 appeals court judges.

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