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
- Opinion | Justice Thomas: Progressives vs. the Declaration - WSJ - April 17th, 2026 [April 17th, 2026]
- Pter Magyars victory is nothing for progressives to cheer - Spiked - April 17th, 2026 [April 17th, 2026]
- San Francisco has gone YIMBY. Progressives are scrambling to protect their wins - The San Francisco Standard - April 17th, 2026 [April 17th, 2026]
- Two progressives and a Brookline Republican will try to unseat Auchincloss in 4th District race - Brookline.News - April 17th, 2026 [April 17th, 2026]
- The Clean Economy Imperative and the Fossil Fuel Reckoning: Why the Iran Shock Is Progressives Economic Moment - Center for American Progress Action - April 17th, 2026 [April 17th, 2026]
- Tucker Carlson may have Turned on Israel and Trump, but he's no friend to Progressives or Muslims - Informed Comment - April 17th, 2026 [April 17th, 2026]
- Progressives (NYSE:PGR) Q1 CY2026 Earnings Results: Revenue In Line With Expectations - StockStory - April 17th, 2026 [April 17th, 2026]
- Clarence Thomas Thinks Progressives Are Destroying America...While Conservatives Destroy America - NewsOne - April 17th, 2026 [April 17th, 2026]
- Islamists and progressives: surprising common ground and why it matters - valleyvanguardonline.com - April 12th, 2026 [April 12th, 2026]
- If Marilyn Gladu feels she has a place in Mark Carney's Liberal party, is there any room for progressives? - iPolitics - April 12th, 2026 [April 12th, 2026]
- Progressives in Washington, California, and Hawaii want to squeeze the wealthy - Washington Examiner - April 10th, 2026 [April 10th, 2026]
- Dear progressives, stop being wimpish on Trump - thenewworld.co.uk - April 10th, 2026 [April 10th, 2026]
- Northern Youth Progressives Forum Blasts Jigawa Defectors, Reaffirms APCs Dominance - Independent Newspaper Nigeria - April 10th, 2026 [April 10th, 2026]
- Progressives dominated in Houstons District C. And theyre just getting started. | Opinion - Houston Chronicle - April 8th, 2026 [April 8th, 2026]
- Bernie Sanders Backs Claire Valdez in NYC House Race Dividing Left and Progressives - The Intercept - April 8th, 2026 [April 8th, 2026]
- DOUG SCHOEN: Democratic battle pits moderates vs. progressives for soul of the party - Fox News - April 8th, 2026 [April 8th, 2026]
- European Progressives Have Chance to Turn Far Right Losses Into Long-Term Defeat - truthout.org - March 30th, 2026 [March 30th, 2026]
- Chicago Progressives Voted To Freeze Minimum Wage Hikes for Restaurant Workers. Why Won't the Mayor Listen? - Yahoo - March 30th, 2026 [March 30th, 2026]
- Stephen A. Smith goes scorched earth on progressives -- tells them to shut the hell up over voter ID laws - New York Post - March 30th, 2026 [March 30th, 2026]
- Progressives Launch Child Care for America Working Group Ahead of 2026 Midterms - NOTUS News of the United States - March 30th, 2026 [March 30th, 2026]
- Marshall for The Hill: Bashing Billionaires Isnt Helping Progressives Win the Working Class - Progressive Policy Institute - March 30th, 2026 [March 30th, 2026]
- Progressives vow 'no' votes on Iran war funding - KGNS - March 30th, 2026 [March 30th, 2026]
- House Progressives Blast $200 Billion Iran War Funding Plan - NOTUS News of the United States - March 30th, 2026 [March 30th, 2026]
- The Lefts Epstein war: Conspiracy theories gain ground among progressives - Washington Examiner - March 30th, 2026 [March 30th, 2026]
- SPEECH BY HIS EXCELLENCY, PRESIDENT BOLA AHMED TINUBU, GCFR, AT THE 4TH ELECTIVE NATIONAL CONVENTION OF THE ALL PROGRESSIVES CONGRESS (APC) FRIDAY,... - March 30th, 2026 [March 30th, 2026]
- Progressives vow 'no' votes on Iran war funding - WAVE News - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WSAW - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WBAY - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - KCTV - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WLOX - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WWBT - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - First Alert 4 - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WEEK | 25 News Now - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WTVY - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WITN - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - KY3 - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - 14 News - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WVIR - March 26th, 2026 [March 26th, 2026]
- Progressives Were Never Truly Progressive An Interview with Dave Rubin - Hungarian Conservative - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - Atlanta News First - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WCTV - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - KFYR-TV - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WVVA - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WVLT - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WSMV - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - KNOE - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - KXII - March 26th, 2026 [March 26th, 2026]
- Progressives say Biss win is an anti-AIPAC template - Punchbowl News - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WABI - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - WYMT - March 26th, 2026 [March 26th, 2026]
- Progressives vow 'no' votes on Iran war funding - KOTA Territory News - March 26th, 2026 [March 26th, 2026]
- Progressives and green groups fear a gutting of core EU water regulations - Euractiv - March 26th, 2026 [March 26th, 2026]
- Orbn vouches to 'break down the gates of the progressives in Brussels' if he wins elections - Euronews.com - March 26th, 2026 [March 26th, 2026]
- Video. Orbn vouches to 'break down the gates of progressives in Brussels' - Euronews.com - March 26th, 2026 [March 26th, 2026]
- Prominent Illinois Democrat breaks with progressives on crime, illegal aliens - readlion.com - March 26th, 2026 [March 26th, 2026]
- Progressives say theyll vote against warrantless spy power renewal - The Hill - March 20th, 2026 [March 20th, 2026]
- Big spenders have mixed night in Illinois as progressives mostly come up short - Roll Call - March 20th, 2026 [March 20th, 2026]
- Bernie Sanders, progressives to force new votes on blocking arms sales to Israel - Jewish Insider - March 20th, 2026 [March 20th, 2026]
- Both Trump and progressives are foggy on Iran - The Hill - March 20th, 2026 [March 20th, 2026]
- Advertisers shift to conservative creators over progressives under Trump - AOL.com - March 20th, 2026 [March 20th, 2026]
- Jeffries hasn't lost a single Democratic vote in 20 speaker ballots, but a new wave of progressives may be about to end that streak - Attack of the... - March 20th, 2026 [March 20th, 2026]
- Trump-enabling Democrats lost their elections to progressives in North Carolina last night - LGBTQ Nation - March 7th, 2026 [March 7th, 2026]
- Nida Allam Concedes to Valerie Foushee With Razor-Thin Loss for Progressives in Key Midterm Primary - The Intercept - March 7th, 2026 [March 7th, 2026]
- Progressives Are Getting Bad Advice on Iran - National Review - March 4th, 2026 [March 4th, 2026]
- Connecticut Must Reject Progressives Tax-the-Rich Agenda - Americans for Tax Reform - March 4th, 2026 [March 4th, 2026]
- Progressives threaten primaries over Iran vote - breakingthenews.net - March 4th, 2026 [March 4th, 2026]
- Texas Progressives Say Democratic Establishment Is Blowing It In the Rio Grande Valley - The Intercept - March 2nd, 2026 [March 2nd, 2026]
- Washington state progressives strike big business tax break from 'millionaires tax' - KUOW - March 2nd, 2026 [March 2nd, 2026]
- Labour must stop channelling Reform and unite with progressives. Thats the lesson from Gorton and Denton - The Guardian - March 2nd, 2026 [March 2nd, 2026]
- Progressives bet big on anti-Israel sentiment to oust Valerie Foushee in North Carolina - Washington Examiner - March 2nd, 2026 [March 2nd, 2026]
- Why Is the Democratic Party So Afraid of Progressives? - Zeteo | Substack - March 2nd, 2026 [March 2nd, 2026]
- Conservatives, Progressives, LGBTQ+ People, and Jars of Jam - New Ways Ministry - March 2nd, 2026 [March 2nd, 2026]
- Pandering to progressives on Iran will doom Starmer - The Telegraph - March 2nd, 2026 [March 2nd, 2026]
- Article | Most NYC Council progressives call on Hochul to tax the rich - POLITICO Pro - February 27th, 2026 [February 27th, 2026]
- Matt Walshs real history is a flawed challenge to progressives - UnHerd - February 27th, 2026 [February 27th, 2026]
- Reform's Matt Goodwin said the Gorton and Denton by-election saw a coalition of Islamist and woke progressives. Labour came third in the election,... - February 27th, 2026 [February 27th, 2026]
- How Jesse Jackson set the stage for Bernie Sanders and todays progressives - The Conversation - February 24th, 2026 [February 24th, 2026]
- Pauline Hansons populism is a front. But there are lessons for progressives in One Nations surging popularity - The Guardian - February 24th, 2026 [February 24th, 2026]
- Ten Commandments Ruling Underscores That Progressives Need School Choice - Cato Institute - February 24th, 2026 [February 24th, 2026]
- Frank Floor Talk: The progress of progressives - CDC Gaming - February 24th, 2026 [February 24th, 2026]