Biden under pressure from progressives as he prepares to pick first judges – The Guardian
Sign up for the Guardian's First Thing newsletter
Donald Trumps historic shakeup of the roster of US federal judges will not soon be reversed, despite his exit from the White House.
In just one term, Trump managed to replace more than 25% of federal judges overall and more than 30% of powerful circuit court judges. His picks were disproportionately white men with conservative views on immigration, abortion and the environment. With lifetime appointments, those judges will have a strong influence on the course of American life for decades to come.
But Joe Biden has an opportunity to reverse some of the damage, as progressives see it.
While Trump and his Republican accomplices left a small number of judicial vacancies on the table, additional vacancies have already arisen as judges retire or take senior status with curtailed workloads steps certain judges were known to be putting off as long as Trump was in office.
This past weekend, Judge Barbara Keenan of the fourth circuit court of appeals, a Barack Obama appointee, announced that she would take senior status in August, creating a 10th vacancy at the appeals court level for Biden to fill.
I certainly think its a factor that judges held off on taking senior status when Trump was in office, said Daniel L Goldberg, legal director of the progressive Alliance For Justice, so they could not be replaced by an ultra-conservative judge who wished to turn back the clock on so many of our rights.
Judicial watchdog groups see early promising signs in the Biden administrations approach to the challenge. Incoming Biden administration lawyers sent a letter to senators in December requesting a racially and ethnically diverse pool of judicial recommendations, just as Barack Obama had done before Trumps white male makeover.
The Biden letter also asked for judges from outside the Ivy League and corporate pipeline, which was not a priority for Obama.
We are particularly focused on nominating individuals whose legal experiences have been historically underrepresented on the federal bench, the Biden letter said, including those who are public defenders, civil rights and legal aid attorneys, and those who represent Americans in every walk of life.
On Monday, the White House press secretary, Jen Psaki, said judicial nominees were something Biden was focused on personally.
But as Biden prepares to make his first judicial nominations, advocacy groups are watching carefully to see whether he follows through on that stated priority. And the first recommendation to come Bidens way to be made public has drawn objections in some progressive circles.
To fill a vacancy on Colorados federal district court, Senator Michael Bennet of Colorado, a Democrat, recommended Regina Rodriguez, a former federal prosecutor originally nominated by Obama, whose mother was detained in a Japanese internment camp and who would be the second Latina in history to serve on the court.
But Rodriguez, currently a partner at the multinational WilmerHale law firm, also has roots in the corporate world, drawing accusations that her advancement exemplified fealty to big law.
The progressive judicial advocacy group Demand Justice has produced a video ad opposing the recommendation which is not yet an official nomination.
President Biden is ready to make a change, restoring balance to the courts by appointing lawyers who stand up for regular people, the ad says. But Bennet is standing in the way, demanding Biden appoint another corporate law partner.
Through the lens of Trumps appointments, Rodriguez would be a favorable shift for progressives but progressive groups have served notice that Biden must aim for a different standard.
That pressure could collide with political reality. With a razor-thin Democratic majority in the Senate, Biden cannot afford to lose the support of a single Democrat for any of his nominees, if Republicans stay unified in opposition. That dynamic could drive nominations toward the center.
Advocacy groups have praised the new administration for announcing it would bypass a review process by the American Bar Association (ABA), the countrys largest legal professional group, on potential judicial nominees.
The ABA review process, used by past administrations, has been criticized on the left as a pipeline for the halls of corporate law to the federal bench. But ABA recommendations have also been rejected on the right as too liberal, and Trump ignored the organization in favor of candidates hand-picked by the conservative Federalist Society.
Biden, for now, has a relatively limited ability to remake the courts. Long gone is the dream of some Democrats to win a decisive Senate majority in the election last November and pass legislation that would add seats to the US supreme court. Instead, Biden must work with the limited number of vacancies he has.
There are 10 vacancies at the circuit court level, counting one active judge who has announced he will semi-retire this summer. That compares with dozens of circuit vacancies Trump found when he came into office, thanks to obstruction of Obama nominees by the then Senate majority leader, Mitch McConnell. Trump installed 24 circuit judges in his first two years.
Biden has a tremendous opportunity right off the bat to put on the bench individuals with a demonstrated commitment to equal justice who, as Donald Trump knows long after Joe Biden leaves the White House, the people he puts on the bench will have the ability to make a difference in the lives of the American people, said Goldberg.
As for the supreme court, all eyes are on a potential retirement announcement from the liberal justice Stephen Breyer, 82. Biden has promised to nominate an African American woman, the first in history, to the court as soon as possible. There is already pressure from Democratic lawmakers in Congress for Biden to line up a nominee for the next vacancy.
In the chess game of judicial appointments, the identity of that potential nominee could depend on the confirmation of Bidens attorney general nominee, Merrick Garland.
Garland is a judge on the District of Columbia circuit court, which has jurisdiction over many cases involving the federal government and has traditionally served as a staging ground for future supreme court nominees. His confirmation would create a vacancy on the court.
Widely seen as a potential replacement for Garland is Ketanji Brown Jackson, a district judge in Washington DC.
Jackson was one of the few Black women to be vetted by Obama for a potential supreme court nomination. And as a widely respected judge, a former public defender and working mother, she appears to fit the description of the kind of candidate Biden would be looking for if he has the chance to fill a supreme court seat.
The Biden administration seems to be ready to prioritize judges like never before, said Goldberg. Every signal weve received is that they are moving as expeditiously as possible to identify and nominate and, hopefully, confirm.
Go here to read the rest:
Biden under pressure from progressives as he prepares to pick first judges - The Guardian
- WHO RUNS THE DEMOCRATIC PARTY? PROGRESSIVES AND MODERATES FIGHT FOR POWER A Democratic congresswoman just slapped her own teammate with a formal... - November 14th, 2025 [November 14th, 2025]
- House Progressives Denounce 'Morally Bankrupt' Bill to End Shutdown Without Healthcare Guarantee - Common Dreams - November 14th, 2025 [November 14th, 2025]
- Progressives intensify campaign to replace Schumer after Democrats end shutdown without healthcare deal - Nation of Change - November 14th, 2025 [November 14th, 2025]
- Progressives need to back down on health care subsidies fight: Letters - Press of Atlantic City - November 14th, 2025 [November 14th, 2025]
- Centrist Democrats say they had no choice but to craft a deal to end the shutdown. Progressives are fed up - PBS - November 11th, 2025 [November 11th, 2025]
- Lessons for liberals: what can Dutch progressives victory over populism teach the world? - The Guardian - November 11th, 2025 [November 11th, 2025]
- Obama celebrates Tuesday wins and tells progressives that voters are rejecting the Trump agenda - abcnews.go.com - November 11th, 2025 [November 11th, 2025]
- Progressives Rage: Deal To End Shutdown Is A 'Betrayal' Of US Voters - International Business Times UK - November 11th, 2025 [November 11th, 2025]
- Spokane progressives post strong showing on Election Night as voters signal they're receptive to taxes - The Spokesman-Review - November 5th, 2025 [November 5th, 2025]
- Progressives like AOC hate conservative women. Mocking them is not a good look. | Opinion - USA Today - November 5th, 2025 [November 5th, 2025]
- Michigan lawmakers Carter, Whitsett get bounced in Detroit races in favor of progressives - Michigan Advance - November 5th, 2025 [November 5th, 2025]
- Mamdani wins New York City mayoral race, in a historic victory for progressives - KUOW - November 5th, 2025 [November 5th, 2025]
- Progressives sound anti-women when they show their hatred for conservatives | Opinion - Yahoo - November 5th, 2025 [November 5th, 2025]
- Texas And National Election Results: How El Paso Voted Against Other Texas Voters and the Rise of the Democratic Progressives - El Paso Herald Post - November 5th, 2025 [November 5th, 2025]
- Progressives $950M in Florida Regurgitation to Mostly Be Credits in Renewals - Insurance Journal - November 5th, 2025 [November 5th, 2025]
- Five takeaways from Colorados election as voters deliver big Denver bond victory, boost Aurora progressives - The Denver Post - November 5th, 2025 [November 5th, 2025]
- Spiritual Progressives invite public to first meeting Nov. 13 - Brownwood News - November 5th, 2025 [November 5th, 2025]
- The Progressives' Bible And Its Critics - Patheos - November 5th, 2025 [November 5th, 2025]
- NYT Article accuses AG Miyares of Abuse of Power helping Trump to attack Progressives - Daily Kos - November 5th, 2025 [November 5th, 2025]
- With Zohran Mamdani, have progressives found their counter to MAGA branding? | news.qlsh.net - news.qlsh.net - November 5th, 2025 [November 5th, 2025]
- The Democrats' problem in the Senate is not progressives | Weekly roundup for November 2, 2025 - Strength In Numbers | G. Elliott Morris - November 3rd, 2025 [November 3rd, 2025]
- An open letter to my sister - and my fellow white progressives | opinion - York Daily Record - October 31st, 2025 [October 31st, 2025]
- German Progressives Raise the Specter of the Far Right - FSSPX News - October 31st, 2025 [October 31st, 2025]
- Why progressives still find Graham Platner appealing - The Boston Globe - October 30th, 2025 [October 30th, 2025]
- Heritage Action Cites Marxist Occupation of Our Streets to Support Cruz Bill Targeting Progressives - People For the American Way - October 30th, 2025 [October 30th, 2025]
- Progressives Rally Behind Katie Wilson in Home Stretch to Mayoral Election - The Urbanist - October 28th, 2025 [October 28th, 2025]
- Progressives will tear the Union apart if it keeps Farage out - The Telegraph - October 28th, 2025 [October 28th, 2025]
- Do Conservatives and Progressives Differ from the Brain? Cognitive Rigidity is Key - - October 26th, 2025 [October 26th, 2025]
- What Progressives Keep Getting Wrong - The Atlantic - October 26th, 2025 [October 26th, 2025]
- Opinion: In Amherst Town Elections Its Progressives vs. Neoliberals - Amherst Indy - October 24th, 2025 [October 24th, 2025]
- Local opinion: Progressives in city government aren't the problem - Arizona Daily Star - October 24th, 2025 [October 24th, 2025]
- Progressives Have Democrats Right Where They Want Them: Broke - National Review - October 23rd, 2025 [October 23rd, 2025]
- Young progressives say they feel uninspired by Democrats. Will the state party listen? - IndyStar - October 23rd, 2025 [October 23rd, 2025]
- How Progressives Broke The Constitution And Praised Themselves For It OpEd - Eurasia Review - October 23rd, 2025 [October 23rd, 2025]
- Ignore progressives: Child-welfare probes work saving kids - New York Post - October 21st, 2025 [October 21st, 2025]
- Victor Davis Hanson: Trump is trying to redirect what progressives altered about American life - AOL.com - October 19th, 2025 [October 19th, 2025]
- No 'Abundance' of caution: Populists and progressives are winning the argument among Democrats - Washington Examiner - October 19th, 2025 [October 19th, 2025]
- Can the ACLU Serve Progressives, Libertarians, and Conservatives? - Reason Magazine - October 17th, 2025 [October 17th, 2025]
- America vs China Bombing vs Building: Who wins? Progressives: time to be aggressive. - Daily Kos - October 17th, 2025 [October 17th, 2025]
- The Defeatism Among Progressives is a Gift To The Fascists; Knock it Off. - Daily Kos - October 17th, 2025 [October 17th, 2025]
- In a New Book, Gene Nichol Calls On North Carolina Progressives to Get Up Off the Mat - INDY Week - October 15th, 2025 [October 15th, 2025]
- Seattle nonprofit will bus advocates to Spokane to campaign for local progressives - Yahoo - October 11th, 2025 [October 11th, 2025]
- Seattle nonprofit will bus advocates to Spokane to campaign for local progressives - The Center Square - October 11th, 2025 [October 11th, 2025]
- Exclusive | Zohran Mamdani PACs raked in thousands from media allies, progressives with ties to radicals - New York Post - October 9th, 2025 [October 9th, 2025]
- Why progressives may not be as 'woke' as they think - CBC - October 7th, 2025 [October 7th, 2025]
- DeepDive: With progressives birthrates falling, Canadas future (might be) Conservative - The Hub | More Signal. Less Noise. - October 7th, 2025 [October 7th, 2025]
- How progressives should respond to the Manchester synagogue stabbings - MSNBC News - October 4th, 2025 [October 4th, 2025]
- Progressives and the Supreme Court: The Case for Disengagement Is Misguided - Election Law Blog - October 4th, 2025 [October 4th, 2025]
- Progressives Organize 'Shutdown Showdown' to Defend Healthcare From Trump and GOP - Common Dreams - October 4th, 2025 [October 4th, 2025]
- After Manchester, progressives should know this: Jewish people feel very alone. We need you to stand with us - The Guardian - October 4th, 2025 [October 4th, 2025]
- Appointed by President Donald Trump during his first term, Associate US Supreme Court Justice Brett Kavanaugh is one of six justices in the court's... - October 4th, 2025 [October 4th, 2025]
- What Progressives Should Be Thinking About Social Security Reform - American Enterprise Institute - October 2nd, 2025 [October 2nd, 2025]
- The international progressives: A source of hope for the world trading system - Peterson Institute for International Economics - September 25th, 2025 [September 25th, 2025]
- Progressives Can Lead With a Just Foreign Policy. First, They Must Confront Their Mistakes. - The Century Foundation - September 23rd, 2025 [September 23rd, 2025]
- Why Welsh progressives must unite to stop Reform - Nation.Cymru - September 23rd, 2025 [September 23rd, 2025]
- Progressives grapples with how to respond to vitriol, blame following Kirk's death - NPR - September 17th, 2025 [September 17th, 2025]
- Progressives can never be wrong - The Spectator - September 17th, 2025 [September 17th, 2025]
- Progressives grapples with how to respond to vitriol, blame following Kirk's death - VPM - September 17th, 2025 [September 17th, 2025]
- Column: The U.S. birthrate is falling it's time progressives stop ignoring it - - The Daily Tar Heel - September 17th, 2025 [September 17th, 2025]
- Phelim McAleer: After Charlie Kirk's assassination, Donald Trump must take on and win this war with the progressives - Belfast News Letter - September 17th, 2025 [September 17th, 2025]
- Opinion | White nationalists are filling a void left by retreating progressives - The Spec - September 13th, 2025 [September 13th, 2025]
- Organizers hope new political group Elevate Oak Park will offer alternative to progressives in power - Chicago Tribune - September 11th, 2025 [September 11th, 2025]
- Senate Republicans plan filibuster changes that could leave progressives torn - The Boston Globe - September 11th, 2025 [September 11th, 2025]
- Progressives NIMBYs Threaten Affordable Housing In New York And L.A. - Forbes - September 11th, 2025 [September 11th, 2025]
- EU Leader Calls to Sanction Israel as U.S. Progressives Push to End Arms Sales - The Intercept - September 11th, 2025 [September 11th, 2025]
- Glenn Beck Exposes Progressives Plot to Rewrite America and Erase God from Its Foundation - Charisma Magazine Online - September 11th, 2025 [September 11th, 2025]
- Progressives Throw Their Support To Jawando For County Executive - Montgomery Community Media - September 5th, 2025 [September 5th, 2025]
- Progressives Are Headed for Self-Imposed Extinction - AMAC - September 3rd, 2025 [September 3rd, 2025]
- The Revenge of the States: How Progressives Learned to Love Federalism - La Voce di New York - September 1st, 2025 [September 1st, 2025]
- How a small band of determined progressives is being heard in a deep-red Missouri county - Columbia Missourian - September 1st, 2025 [September 1st, 2025]
- Thunberg and Like-Minded Progressives Sail to GazaAgain - The European Conservative - September 1st, 2025 [September 1st, 2025]
- Progressives underestimate the danger of subway disorder - UnHerd - August 29th, 2025 [August 29th, 2025]
- Democrats withdraw two-state resolution to avoid clash with progressives on Israel and Palestinians - The Forward - August 27th, 2025 [August 27th, 2025]
- The far right are feeding off anger. Progressives must do the same - TheNational.scot - August 27th, 2025 [August 27th, 2025]
- How Progressives Hijack Democratic Governance (yet another way!) - MacIver Institute - August 26th, 2025 [August 26th, 2025]
- Debate over empathy highlights differing views of Christian conservatives, progressives - OregonLive.com - August 22nd, 2025 [August 22nd, 2025]
- In Trump's redistricting push, Democrats find an aggressive identity and progressives are on board - News4JAX - August 22nd, 2025 [August 22nd, 2025]
- Jurado breaks with progressives on housing bill: Im not willing to gamble losing Boyle Heights - Boyle Heights Beat - August 22nd, 2025 [August 22nd, 2025]
- Zohran Mamdani's primary win empowers progressives to run for office - Fox News - August 20th, 2025 [August 20th, 2025]
- Democrat warns US progressives against moving toward the center: It lost me the election - The Guardian - August 20th, 2025 [August 20th, 2025]