Thursday, September 30, 2021

Status check: The Democrats and judicial nominees

Under current broken government circumstances, political partisan appointments to the federal bench are the most direct way to move politics to the left, right or anywhere else. Congress is hopelessly broken by hyper-partisan fascist Republicans. Republicans in power don't compromise unless there is absolutely no alternative. Democracy demands compromise. Republican refusal to compromise is anti-democratic authoritarianism.
Under our fascist and crackpot ex-president backed by a fascist and crackpot Republican Party Senate, putting radical right judges on the federal bench was a top priority. Arguably the top priority. What is it under Biden and the Dems?

This is a comprehensive list of all Article III and Article IV United States federal judges appointed by President Joe Biden as well as a partial list of Article I federal judicial appointments, excluding appointments to the District of Columbia judiciary.[1]

As of September 30, 2021, the United States Senate has confirmed 14 Article III judges nominated by Biden: five judges for the United States courts of appeals and nine judges for the United States district courts. There are 27 nominations currently awaiting Senate action: eight for the courts of appeals and 19 for the district courts. There are currently five vacancies on the U.S. courts of appeals, 71 vacancies on the U.S. district courts, two vacancies on the U.S. Court of International Trade,[2][3] and 32 announced federal judicial vacancies that will occur before the end of Biden's first term (11 for the courts of appeals and 21 for district courts).[4][5] Biden has not made any recess appointments to the federal courts.

In terms of Article I courts, as of September 30, 2021, the Senate has not confirmed any judges nominated by Biden. There are currently two nominations to Article I courts awaiting Senate action; both for the United States Court of Federal Claims. There are currently four vacancies on the United States Court of Federal Claims, two on the United States Tax Court, and one on the United States Court of Appeals for the Armed Forces. On March 2, 2021, Biden designated Elaine D. Kaplan as Chief Judge of the Court of Federal Claims.[6]

Regarding Article IV territorial courts, as of September 30, 2021, the Senate has not confirmed any judges nominated by Biden. Biden has not elevated any judges to the position of Chief Judge.

Questions: 
1. What grade should Biden, Schumer and Senate Democrats reasonably get so far about putting Democratic judges on the federal bench, A, B, C, D or F? 

2. Should Biden's choices not be called Democrats, and if not, why not? Since Republican judges are clearly partisan Republican politicians, should Democrats take the "high ground" and not worry too much about political partisanship, or are we now past that and it's time to drop the pretense?

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