Just 10 days after President Joe Biden’s inauguration, NBC News reported that the new White House team and Senate Democrats were “embarking on a mission to shape the courts after Republicans overhauled them in the last four years.”
Updating our earlier coverage, it looks like that mission is off to a good start. NBC News reported this week:
While President Joe Biden’s economic agenda is mired in Democratic infighting, the Senate is quietly making history with his judicial nominees. The Democratic-controlled Senate voted 52-41 Monday to confirm Gustavo Gelpi to be a judge on the 1st U.S. Circuit Court of Appeals, based in Boston, making him the fifth new circuit judge with a background as a public defender on Biden’s watch.
Part of what makes this so striking is the professional backgrounds of these jurists: Most modern presidents made little effort to nominate judges with experience as public defenders. Under Biden, meanwhile, eight Senate-confirmed judges are now on the bench after having worked as public defenders.
But just as notable is the sheer volume and speed with which the narrow Democratic majority in the Senate is filling judicial vacancies. NBC News’ report added that Biden, at least for now, is “outpacing every other president since Richard Nixon in confirming circuit judges, who have the last word in most federal cases.”
As of today, the Senate has confirmed 18 judicial nominees, a third of whom now sit on appeals courts.
At first blush, 18 may not seem like an especially large number, especially given the fact that the federal judiciary has several hundred court seats. But given that the president was inaugurated nine months ago today, Biden and his party are clearly taking the confirmation process more seriously than any modern Democratic president.








