President Biden greets Supreme Court Associate Justice Ketanji Brown Jackson during the State of the Union address on March 7, 2024.
President Biden is leaving office this month after successfully appointing 235 lawyers to the federal bench, representing over 25% of all active federal judges.
He notably appointed the first Black woman to the U.S. Supreme Court, Justice Ketanji Brown Jackson, and appointed more women of color to federal appeals courts than any president in history. Additionally, his administration saw the appointment of a dozen openly LGBTQ judges and the first four Muslim Americans to serve on the federal bench.
At a recent White House event highlighting his judicial legacy, Biden stated, “For the first time in a long time, we have a bench that reflects all of America.”
Janai Nelson, president and director-counsel of the Legal Defense Fund, emphasized that Biden’s judicial approach is a significant mark on the U.S. justice system and democracy. “This will enable greater public trust in the federal courts, as decisions are made by individuals who represent diverse values and backgrounds,” she noted.
The Supreme Court, which is dominated by a conservative supermajority, only hears a small percentage of cases each term, putting substantial responsibility on the lower courts to deliver on critical issues.
“Every single one of those judges is making pivotal decisions on crucial aspects of our lives, from voting rights and healthcare access to marriage equality and fair wages,” said Lena Zwarensteyn, senior director of the fair courts program. She added that the current administration has prioritized professional diversity by advancing civil rights lawyers, labor lawyers, and public defenders to judicial positions. Many of these individuals have come from organizations known for their advocacy in civil liberties.
“Historically, the bench has favored white male prosecutors or corporate lawyers, which has not represented the true diversity of our nation,” Zwarensteyn remarked.
Biden has appointed more than 45 former public defenders to lifetime judicial positions, marking a significant shift in judicial representation.
Zanele Ngubeni, executive director for Gideon’s Promise, expressed that the presence of these diverse voices in the decision-making process is powerful. “Their perspectives are essential in shaping a just legal system,” she stated.
In terms of numbers, Biden has appointed one more federal judge than Donald Trump did during his first term, and these lifetime appointees will have an enduring impact on the judicial landscape. The incoming administration is expected to adopt a different approach to judicial selection.
Ed Whelan, a former Justice Department lawyer now affiliated with a conservative think tank, remarked that future selections will focus on finding the best candidates regardless of race or gender. However, it is notable that during Trump’s first term, white men made up approximately two-thirds of his judicial appointments.
