President Joe Biden’s judicial nominees appear nowhere on the ballot in Tuesday’s U.S. midterm elections but his ability to keep reshaping the federal judiciary hinges on the results of the voting that will determine whether his fellow Democrats keep control of the Senate.
The Senate has the authority to confirm a president’s nominees to the federal judiciary including the Supreme Court. Biden’s Republican predecessor Donald Trump put a major emphasis on getting judicial nominations confirmed as he worked to move the judiciary rightward.
Biden, aiming to nudge the judiciary back leftward and make it more reflective of America’s diversity, has managed to match Trump in the number of such nominees confirmed – 84 – at the same point in their presidencies.
“It will not be mindless obstruction, but it will be careful consideration on a nominee-by-nominee basis to ensure they are within the judicial mainstream and enjoy bipartisan support,” said Mike Davis, a former Republican Senate Judiciary Committee aide who heads the Article III Project conservative activist group.
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