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Biden will become president with only two appeals in the judiciary, not only to make the courts more
court vacancies and 53 open seats on the district diverse but also to expand the field of potential Su-
courts. But the judicial groups are optimistic that preme Court picks.
more seats will open up: They estimate that about The liberal judicial group leaders declined to pro-
69 judges on the courts of appeals will be eligible to vide names of people they think could be a good fit
take senior status during the upcoming administra- for the Supreme Court. U.S. District Judge Ketanji
tion, as will more than 100 federal trial judges. Brown Jackson of the District of Columbia and Cal-
It’s far from a guarantee that all of those judges ifornia Supreme Court Justice Leondra Kruger are
will take senior status. And with so many of Trump’s among those speculated to be included in the pool
judges being on the young side—the Senate recently of possible picks.
confirmed his youngest nominee, 33-year-old Kath- The Biden administration also comes in with
ryn Mizelle to the Middle District of Florida—those plenty of experience on the judicial confirmation
newly filled seats are unlikely to be vacated in the process: Biden previously chaired the Senate Judi-
near future. ciary Committee, and Vice President-elect Kamala
An even more formidable roadblock to Biden Harris is a current member. Her performance dur-
judicial appointees is the prospect of a Republican- ing Justice Brett Kavanaugh’s contentious confirma-
controlled Senate, as control of the chamber will be tion process helped amplify her national profile.
determined by a pair of run-off elections in Georgia Also joining them in the White House as chief of
on Jan. 5. McConnell famously blocked President staff is Ron Klain, who first worked with Biden as
Barack Obama’s judicial nominees including his Su- chief counsel on the Senate Judiciary Committee.
preme Court pick Judge Merrick Garland during the He later went on to oversee judicial nominations
last two years of his presidency, presenting Trump for the Clinton White House, and was on the team
with dozens of judicial vacancies and a Supreme that guided Ruth Bader Ginsburg through her con-
Court seat at the start of his term. firmation.
Feingold, who previously served for 18 years in In Washington, experience can serve as a dou-
the Senate including a stint on the Judiciary Com- ble-edged sword: Those who have worked within
mittee, said even if Republicans keep control of the institutions for long periods of time come with
chamber, the majority will be so slim that McCon- expertise, but may be less willing to adopt major
nell won’t be able to be as obstructive as he’s been reforms. Biden has already gotten pushback from
in the past. more progressive groups like Demand Justice for
“What’s he going to do, threaten them? He needs announcing a bipartisan commission on potential
their vote the next day,” Feingold said. “So his lever- court reforms, which they claim will kill momen-
age over his own members is far less than it was un- tum for the changes.
der Donald Trump.” Baker said she’s not concerned about Biden offi-
The groups are also prepping for a potential va- cials being unwilling to be more aggressive on judg-
cancy on the U.S. Supreme Court if a seat should es. “Trump and McConnell, they transformed the is-
open up during Biden’s presidency, an issue that was sue of judicial nominations. You can’t put that genie
amplified by the confirmation of Justice Amy Co- back in the bottle. You can’t go back,” she said. “And
ney Barrett days before the presidential election. The I think everybody understands that and I think the
president-elect has committed to tapping a Black president-elect probably understands that as well.
woman for the seat. Sen. Harris, she experienced it on the committee.”¦
But, partly due to the lack of diversity among
Trump’s judges, there are few sitting judges who are Jacqueline Thomsen, based in Washington, is a re-
Black women and are considered qualified for the porter covering D.C. federal courts and the legal
job. Advocates are pushing for more Black women side of politics. Contact her at jathomsen@alm.
and other underrepresented groups to be included com and follow her on Twitter @jacq_thomsen.

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