Joe Biden continues to reshape the American judiciary in a more liberal and left-wing image. The 81-year-old Democrat incumbent recently passed former President Donald J. Trump with 197 total Article III court appointments to Trump’s 194. With several vacancies still open, Biden will likely surpass 200 appointments before the November 2024 presidential election. Article III courts are those created by an act of Congress — currently, the U.S. District Court (663 seats), the U.S. Court of Appeals (179 seats), and the U.S. Court of International Trade (9 seats).
The pace of judicial appointments — especially for Article III courts — has dramatically increased in recent years. This increase largely results from the so-called “Nuclear Option” used by former Senate Majority Leader Harry Reid (D-NV). In 2013, the late Nevada Democrat effectively ended the cloture threshold — and subsequently the filibuster — for federal nominations, excluding the U.S. Supreme Court. The “Nuclear Option” for Supreme Court appointments ended in 2020 under the Republican Senate majority led by Sen. Mitch McConnell (R-KY).
Federal courts are increasingly critical to executive branch decision-making. A study by the Institute for Policy Integrity at the New York School of Law indicates that of the 246 Trump administration policies challenged in court, federal judges ruled against 192 (or the agency withdrew the policy after being sued) — a shocking 78 percent.
The Biden government — on pace to secure over 200 judicial appointments — will have an impact that outlives its tenure in power. Even more troubling, the Biden judicial appointees will likely hamper a potential future Trump presidency and other future Republican-led governments through left-wing friendly lawfare campaigns.