As Senate majority leader during Donald Trump’s presidency, Mitch McConnell made the confirmation of federal judges a top priority for Republicans. The Kentucky Republican’s efforts helped fundamentally alter the nature of the federal judiciary, pushing it in a more conservative direction.
Now, a bit over a week in office, President Biden is getting the chance to start to reverse big Republican judicial gains, or at least chip away at their massive edge.
Five federal judges, with lifetime appointments, announced retirement plans after Biden‘s inauguration last week. On Tuesday, two other U.S. district judges announced plans to take senior status. All told, eight judges had already announced plans to step down.
Biden, a former Senate Judiciary Committee chairman, has 46 district court vacancies and three appeals court vacancies to fill. But the former vice president and 36-year Delaware senator has a long way to go in matching the Trump administration’s confirmation of judges. The Trump administration placed more than 230 people on federal benches, more than Presidents Barack Obama, George W. Bush, and Bill Clinton got confirmed in their first terms.
McConnell, as Senate majority leader, saw the confirmation of federal judges as part of his legacy. But McConnell has now been relegated to Senate minority leader, with Democrats in control of the chamber, through a 50-50 split and Vice President Kamala Harris set to break tie votes in favor of Democrats.
Federal judges have not been shy about departing since the new administration took over.
One judge, Victoria Roberts, announced her retirement just hours after Biden took office, sending a letter to the president that she would step down in late February. Roberts was nominated to the Eastern Michigan District Court by Clinton.
U.S. District Judge William Alsup sent a letter to Biden a day after he was sworn in.
“Congratulations on becoming our new president,” Alsup said. “I feel it is time now for me to ‘go senior’” — a semi-retired status that allows for a judicial successor to be nominated.
Eight of the retiring judges were appointed by Clinton, two by Obama, and five by Bush.
