Judging Biden

Abstract

This Essay analyzes the nomination and confirmation strategies used by President Biden to seat federal appellate judges. First, it explains how the Biden administration is drawing on successful strategies used by prior administrations from both parties to quickly confirm younger, more diverse judges. It then highlights the varied diversity of its nominees to date, from race to gender to professional experience, among others. It concludes by recognizing that the Biden administration is unlikely to repeat the record-breaking pace of the Trump administration, but it is nevertheless making the most of the limited opportunity it has.

Keywords: judges, judicial nominations, judicial confirmations, biden judges, trump judges, circuit courts, courts of appeals, senior status, federal judges, judicial appointments