As President Joe Biden steps down, he carries with him a nuanced legacy concerning the federal judiciary. During his term, Biden secured 233 Article III judicial appointments, narrowly surpassing the 234 appointments made by former President Donald Trump during his first term. However, merely equaling Trump in the number of judges confirmed does not adequately capture Biden’s influence on the judiciary.
- Diversity: Biden has been credited with bringing unprecedented diversity to the federal bench. Approximately 60% of his appointees have been people of color and women. Notably, he fulfilled a campaign promise by appointing Ketanji Brown Jackson as the first Black woman to the U.S. Supreme Court. His efforts also extended to diversifying professional backgrounds; nearly 20% of his initial appointees had experience as public defenders, expanding the range of legal experiences represented in the judiciary.
- Ideology: Biden’s impact on the judiciary’s ideological balance has been less pronounced than that of his predecessor. While Trump was able to flip three federal appeals courts to conservative majorities and strengthen the ideological tilt of the Supreme Court, Biden has flipped only one circuit court in favor of Democrats. His appointment of Justice Jackson did not shift the ideological balance of the Supreme Court, unlike Trump’s appointment of Justice Amy Coney Barrett, which propelled the Court to a 6-3 conservative majority.
- Influence: As for judicial influence, Biden’s appointees have yet to establish themselves as major intellectual forces within the judiciary. The most notable exception may be Fourth Circuit Judge Toby Heytens, whose progressive opinions have stirred discussion, yet the dominance of influence remains largely attributed to Trump appointees. An academic study by Stephen Choi and Mitu Gulati underscores Trump judges as outperforming their peers on metrics of productivity, influence, and independence.
Biden’s legacy in judicial appointments marks an important move towards a more representative federal bench, one that better reflects America’s diversity. While this may enhance public trust in the judiciary, whether it leads to substantive ideological shifts or groundbreaking legal opinions remains an open question.
For the full detailed analysis of President Biden’s judicial appointments and their implications, see David Lat’s article on Bloomberg Law.