House supporters of a bipartisan Senate-passed measure aimed at broadening the judiciary have expressed their ambition to advance the legislation to the president’s desk this year. Despite the limited time and an already crowded legislative schedule ahead of Election Day, backers remain optimistic. Representative Darrell Issa (R-Calif.), who leads the Judiciary Committee’s courts panel and introduced the House bill (HR 4885), aims for passage “not later than the lame duck,” referring to the period post-Election Day but before the new Congress convenes.
A new version of the House bill is expected to be introduced, aligning with the Senate-approved bill (S. 4199). This strategic move is aimed at facilitating a swifter passage through the House using the suspension of rules procedure, which limits debate on measures enjoying two-thirds support. According to Rep. Issa, the reintroduced bill will have bipartisan support, mirroring that in the Senate.
However, with just three weeks to navigate this legislation through a Republican-controlled House, the timeline is a significant hurdle. Lawmakers also need to pass a bill to keep the federal government funded before they leave Washington for a recess ahead of Election Day. The JUDGES Act’s backers acknowledge that post-election scenarios could present challenges to the bill’s passage.
The legislation, if passed, would mark the first expansion of judgeships in more than two decades, adding 63 permanent and three temporary seats on federal trial courts to address the burgeoning backlog in several districts. These seats would be staggered across three presidential administrations, as stated in the Senate’s [passed bill](https://news.bloomberglaw.com/us-law-week/bill-adding-66-trial-court-judge-seats-passed-by-senate).
In past efforts to expand the judiciary, similar initiatives have [stalled](https://news.bloomberglaw.com/us-law-week/first-new-us-judgeships-in-decades-gain-momentum-in-congress). Currently, more than a dozen districts exceed the judiciary’s emergency threshold of 600 weighted case filings per authorized judgeship, fiscal 2023 data reveals. This workload has reportedly [strained existing judges](https://news.bloomberglaw.com/us-law-week/us-courts-safety-valve-threatens-to-burst-as-senior-judges-exit), pushing some into earlier retirements.
Senator Todd Young (R-Ind.) and Senator Chris Coons (D-Del.), leading sponsors of the Senate bill, indicate that if the bill does not pass this year, its prospects might be delayed until the next presidential term in 2029, causing further strain on the judiciary. For more details, refer to the Bloomberg Law [report](https://news.bloomberglaw.com/us-law-week/sponsors-eye-september-passage-of-bill-to-add-trial-court-judges).