WASHINGTON – The Senate won't hold votes on four of President Joe Biden's appellate court nominees as part of a deal with Republicans to allow for speedier consideration of other judicial nominations and bring Biden within striking distance of the 234 total judicial confirmations that occurred during President-elect Donald Trump's first term.
Currently, the number of judges confirmed under Biden totals 221. Republicans forced numerous procedural votes this week and late-night sessions as Senate Majority Leader Chuck Schumer, D-N.Y., attempted to move ahead in getting more of Biden's nominees confirmed before Congress adjourns and Republicans take control of the chamber in January.
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A Senate Democratic leadership aide said Thursday a time agreement had been reached to allow for consideration of seven district court judges the week following Thanksgiving. Plus, another six district judges would be placed on the Senate executive calendar, making it possible for them to be considered on the Senate floor in December.
Excluded from that list were four circuit judge nominations awaiting a floor vote: Adeel Abdullah Mangi of New Jersey, nominated for the Third Circuit Court of Appeals; Karla M. Campbell of Tennessee, nominated for the Sixth Circuit; Julia M. Lipez of Maine, First Circuit; and Ryan Young Park of North Carolina, Fourth Circuit.
Mangi would have been the first Muslim American to serve as a federal appellate court judge if he had been confirmed. Mangi received law degrees from Oxford and Harvard. He works in a prestigious law firm and has secured significant legal victories. But his limited volunteer work with two outside groups has imperiled his nomination. He faced opposition from some Democrats as well.
The confirmation battles over circuit court judges are generally much harder fights given their role in hearing appeals from district courts and often having the last word on legal matters.
Schumer's office said the four circuit nominees lacked the support to be confirmed, and Democrats received more than triple the amount of other judges moving forward as part of the agreement.
Liberal groups in recent weeks have been pressuring Senate Democrats to do what it takes to get all of Biden's judicial nominees confirmed before Trump takes office again. And some expressed disappointment with the deal.
"Reports that there is a deal that would leave behind critical circuit court nominees are unacceptable. All of these nominees must be confirmed expeditiously before the end of the 118th Congress," said Lena Zwarensteyn, an advisor at The Leadership Conference on Civil and Human Rights.
Russ Feingold, a former Democratic senator and now president of the American Constitution Society, called the deal “extremely frustrating.”
“All public officials need to be prepared to fight against the extremism that will come when Trump returns to office and retreating in advance is a dangerous precedent to set," Feingold said.
Schumer has dedicated much of the Senate schedule to getting Biden’s judicial nominees confirmed. He called it a basic responsibility of the Senate.
“We'll take that responsibility very seriously between now and the end of the year,” Schumer said on the Senate floor.
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