President Joe Biden’s recent judicial nominations, while diverse in terms of racial and gender representation, show a decrease in the variety of legal experience within candidates – a point of concern for progressive advocates. According to a recent analysis by Bloomberg Law, Biden’s nominations this year showed a significant downturn in judges with career experiences considered important to progressives.
For instance, only four out of 29, or roughly 13%, of the nominations made this year have career histories as public defenders, have done indigent client work, or enforced labor laws. Judged by the same parameter, there was a significantly higher representation in the preceding years, 36% and 48% in 2022 and 2021 respectively.
This change in nominee profile appears to be dictated primarily by the desire to appoint as many judges as possible before the 2024 elections. Consequently, fewer candidates from categories traditionally supported by progressives, such as public defenders and labor rights advocates, are being nominated. Instead, there is an increase in the number of prosecutors.
The spike in prosecutor nominations and the drop in nominations of public defenders and people with similar career experiences seems to be a strategic adaptation of the Democrats to the existing political dynamics, including factors such as the traditional blue slip procedure and the forthcoming 2024 election.
Progressives argue that a diverse resume is crucial for capturing a wide range of perspectives and expertise within the judicial structure. They advocate for more judges with a background in public defense or working with marginalized and underserved communities. As of now, it remains to be seen if future nominations by the Biden administration will attempt to rectify this trend.