President Joe Biden is preparing to veto a bill that would authorize 63 new permanent district judgeships over the next decade, 22 of which President-elect Donald Trump could fill during his upcoming term. The bill, which passed the Senate unanimously in August, faced delays in the House and was only taken up after the presidential election, according to the Washington Examiner.
Senator Chris Coons (D-DE), who led the legislation, explained Biden’s objection centers on timing. “If we could change the date by four years, I know — he told me — if we could change the date, he’d sign it tomorrow,” Coons told Politico. The president’s pledge to veto the bill stems from what he perceives as partisan motivations in delaying the bill’s passage.
In a statement, the White House criticized the timing, saying, “The House refused to take it up until after the election.” The administration noted concerns that some Senators appear to be intentionally holding open existing judicial vacancies to benefit future Republican appointments. “Those efforts to hold open vacancies suggest that concerns about judicial economy and caseload are not the true motivating force behind passage of this bill now,” the statement read.
The bill was designed to stagger the creation of new judgeships over a decade, allowing three presidential administrations the opportunity to appoint judges. Representative Jerry Nadler (D-NY) argued the bill was negotiated to ensure fairness, giving no single party an advantage. He claimed he urged GOP leadership to consider the bill before the election, but they delayed action. “It was a fair fight, and they wanted no part of it,” Nadler said.
If passed, the bill would provide Trump with 25 additional judicial nominations during his term. Combined with over 100 expected vacancies, this would significantly influence the makeup of the judiciary. Nadler warned that Trump’s plans to expand presidential power make these judicial appointments a strategic concern. “Donald Trump has made clear that he intends to expand the power of the presidency, and giving him 25 new judges to appoint gives him one more tool at his disposal to do that,” Nadler stated.
The looming veto represents a major reversal for legislation that initially enjoyed bipartisan support. The debate underscores ongoing tensions between the two parties over the judiciary’s future composition and the broader balance of power within the federal government.
