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Senate approves 235th judge of Biden's term, beating Trump's tally

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Senate approves 235th judge of Biden's term, beating Trump's tally
News

News

Senate approves 235th judge of Biden's term, beating Trump's tally

2024-12-21 10:26 Last Updated At:10:30

WASHINGTON (AP) — President Joe Biden secured the 235th judicial confirmation of his presidency Friday, an accomplishment that exceeds his predecessor's total by one after Democrats put extra emphasis on the federal courts following Donald Trump's far-reaching first term, when he filled three seats on the Supreme Court.

Senate Majority Leader Chuck Schumer, D-N.Y., teed up votes Friday on two California district judges, and they were the last judicial confirmations this year before Congress adjourns and makes way for a new, Republican-led Senate.

The confirmation of Serena Raquel Murillo to be a district judge for the Central District of California broke Trump's mark. The tally also marks the largest number of confirmations in a single term since the Jimmy Carter administration. Come next year, Republicans will look to boost Trump's already considerable influence on the makeup of the federal judiciary in his second term.

Biden and Senate Democrats placed particular focus on adding women, minorities and public defenders to the judicial rank. About two-thirds of Biden's appointees are women and a solid majority of appointees are people of color. The most notable appointee was Supreme Court Justice Ketanji Brown Jackson, the first African American woman to serve on the nation's highest court.

“When I ran for President, I promised to build a bench that looks like America and reflects the promise of our nation. And I’m proud I kept my commitment to bolstering confidence in judicial decision-making and outcomes,” Biden said in a statement.

Sen. Dick Durbin, the Democratic chairman of the Senate Judiciary Committee, said that prior to the Democrats' efforts, the number of women on the bench had been diminished, and it was made up overwhelmingly of white males.

“We consciously moved forward to bring more women to the bench, and believe me, we had a great talent pool to work with," Durbin said. "So I think it’ll enhance the image of the court and its work product to bring these new judges on.”

Biden also placed an emphasis on bringing more civil rights lawyers, public defenders and labor rights lawyers to expand the professional backgrounds of the federal judiciary. More than 45 appointees are public defenders and more than two dozen served as civil rights lawyers.

While Biden did get more district judges confirmed than Trump, he had fewer higher-tier circuit court appointments than Trump — 45 compared to 54 for Trump. And he got one Supreme Court appointment compared with three for Trump. Republicans, much to Democrats' frustration, filled Justice Ruth Bader Ginsburg's seat on the court the week before the 2020 presidential election. Ginsburg had passed away in September.

Democrats also faced the challenge of confirming nominees during two years of a 50-50 Senate. Rarely a week went by in the current Congress when Schumer did not tee up votes on judicial confirmations as liberal groups urged Democrats to show the same kind of urgency on judges that Republicans exhibited under Trump.

Some Senate Republicans were harshly critical of Biden's choices. Sen. Ted Cruz, R-Texas, said talk of diversity did not extend to the views of the nominees.

"One of the consequences of the age of Trump is that it drove Democrats insane and it drove them to the extreme left, so they put people on the bench who were selected because they were extreme partisans,” Cruz said.

Liberal-leaning advocacy groups said they are delighted with the number of judges Democrats secured, but even more so with the quality of the nominees. They said diversity in personal and professional backgrounds improves judicial decision-making, helps build public trust and inspires people from all walks of life to pursue legal careers.

“For our federal judiciary to actually deliver equal justice for all, it really has to be for all, and that is one reason why we certainly applaud this administration for prioritizing both professional but also demographic diversity,” said Lena Zwarensteyn, senior director of the fair courts program at The Leadership Conference on Civil and Human Rights.

Sen. Charles Grassley, R-Iowa, and the next chairman of the Senate Judiciary Committee, said Democrats showed newfound resolve on judicial confirmations.

“They learned a lesson from the first Trump administration,” Grassley said. “Paying attention to the number of judges you get and the type of judges you put on the court is worth it.”

Part of the urgency from Democrats came as they watched the nation's highest court overturn abortion protections, eliminate affirmative action in higher education and weaken the federal government's ability to protect the environment, public health and workplace safety through regulations. The cases showed that the balance of power in Washington extends to the judicial branch.

Schumer was jubilant after the vote, saying that one out of four active judges has been appointed under Biden. He said that when it came to judicial nominees, Democrats “cast a wider net” than what he referred to as a “privileged pool.”

“I'm very proud of this milestone, not because the number alone, but because of what the number means,” Schumer said. “It means our bench is now far more balanced in its experiences, expertise and qualifications than four years ago."

Trump will inherit nearly three dozen judicial vacancies, but that number is expected to rise because of Republican-appointed judges who held off on retirement in hopes that a Republican would return to office and pick their replacements.

Sen. Richard Blumenthal, D-Conn., acknowledged that the sense of accomplishment for Democrats is muted somewhat knowing that Trump will have another term to continue shaping the federal judiciary.

“I’m not ready to uncork the champagne just because we’ve done some really good work over the last four years," Blumenthal said. "We need to be prepared to work, hope for the best and try to defeat nominees who are simply unqualified. We have our work cut out for us. The prospects ahead are sobering.”

Grassley promised that he'll work to best Biden's number.

“Let me assure you, by January 20th of 2029, Trump will be bragging about getting 240 judges," Grassley said.

Senate Majority Leader Chuck Schumer, D-N.Y., and members of the Senate Judiciary Committee, meet with reporters to mark the confirmation of 235 federal judges nominated by President Joe Biden during the 118th Congress, at the Capitol in Washington, Friday, Dec. 20, 2024. (AP Photo/J. Scott Applewhite)

Senate Majority Leader Chuck Schumer, D-N.Y., and members of the Senate Judiciary Committee, meet with reporters to mark the confirmation of 235 federal judges nominated by President Joe Biden during the 118th Congress, at the Capitol in Washington, Friday, Dec. 20, 2024. (AP Photo/J. Scott Applewhite)

President Joe Biden arrives to speak at the Department of Labor in Washington, Monday, Dec. 16, 2024. (AP Photo/Ben Curtis)

President Joe Biden arrives to speak at the Department of Labor in Washington, Monday, Dec. 16, 2024. (AP Photo/Ben Curtis)

WASHINGTON (AP) — Hours clicking toward a midnight government shutdown deadline, the Senate was preparing to give final passage late Friday to a new plan that would temporarily fund federal operations and disaster aid, but drops President-elect Donald Trump's demands for a debt limit increase into the new year.

House Speaker Mike Johnson had insisted Congress would “meet our obligations” and not allow federal operations to shutter ahead of the Christmas holiday season. But the day's outcome was uncertain after Trump doubled down on his insistence that a debt ceiling increase be included in any deal — if not, he said in an early morning post, let the closures “start now.”

The House approved Johnson's new bill overwhelmingly, 366-34, and the Senate was working late into the night toward votes.

“This is a good outcome for the country, ” Johnson said afterward, adding he had spoken with Trump and the president-elect “was certainly happy about this outcome, as well.”

It was the third attempt from Johnson, the beleaguered House speaker, to achieve one of the basic requirements of the federal government — keeping it open. And it raised stark questions about whether Johnson will be able to keep his job, in the face of angry GOP colleagues, and work alongside Trump and billionaire ally Elon Musk, who called the legislative plays, from afar.

President Joe Biden, who has played a less public role in the process throughout a turbulent week, was expected to quickly sign the measure into law.

Trump's last-minute demand was almost an impossible ask, and Johnson had almost no choice but to work around his pressure for a debt ceiling increase. The speaker knew there wouldn’t be enough support within the GOP majority to pass any funding package, since many Republican deficit hawks prefer to slash federal government and certainly wouldn’t allow more debt.

Instead, the Republicans, who will have full control of the White House, House and Senate next year, with big plans for tax cuts and other priorities, are showing they must routinely rely on Democrats for the votes needed to keep up with the routine operations of governing.

“So is this a Republican bill or a Democrat bill?” scoffed Musk on social media ahead of the vote.

The drastically slimmed-down 118-page package would fund the government at current levels through March 14 and add $100 billion in disaster aid and $10 billion in agricultural assistance to farmers.

Gone is Trump’s demand to lift the debt ceiling, which GOP leaders told lawmakers would be debated as part of their tax and border packages in the new year. Republicans made a so-called handshake agreement to raise the debt limit at that time while also cutting $2.5 trillion in spending over 10 years.

It’s essentially the same deal that flopped the night before in a spectacular setback — opposed by most Democrats and some of the most conservative Republicans — minus Trump’s debt ceiling demand.

But it's far smaller than the original bipartisan accord Johnson struck with Democratic and Republican leaders — a 1,500-page bill that Trump and Musk rejected, forcing him to start over. It was stuffed with a long list of other bills — including much-derided pay raises for lawmakers — but also other measures with broad bipartisan support that now have a tougher path to becoming law.

House Democrats were cool to the latest effort after Johnson reneged on the hard-fought bipartisan compromise.

Rep. Rosa DeLauro, the top Democrat on the Appropriations Committee, said it looked like Musk, the wealthiest man in the world, was calling the shots for Trump and Republicans.

“Who is in charge?” she asked during the debate.

Still, the Democrats put up more votes than Republicans for the bill's passage. Almost three dozen conservative Republicans voted against it.

“The House Democrats have successfully stopped extreme MAGA Republicans from shutting down the government, crashing the economy and hurting working class Americans all across the nation,” House Democratic Leader Hakeem Jeffries said after the vote.

Trump, who has not yet been sworn into office, is showing the power but also the limits of his sway with Congress, as he intervenes and orchestrates affairs from Mar-a-Lago alongside Musk, who is heading up the incoming administration's new Department of Government Efficiency.

The incoming Trump administration vows to slash the federal budget and fire thousands of employees and is counting on Republicans for a big tax package. And Trump's not fearful of shutdowns the way lawmakers are, having sparked the longest government shutdown in history in his first term at the White House.

“If there is going to be a shutdown of government, let it begin now,” Trump posted early in the morning on social media.

More important for the president-elect was his demand for pushing the thorny debt ceiling debate off the table before he returns to the White House. The federal debt limit expires Jan. 1, and Trump doesn't want the first months of his new administration saddled with tough negotiations in Congress to lift the nation's borrowing capacity. Now Johnson will be on the hook to deliver.

“Congress must get rid of, or extend out to, perhaps, 2029, the ridiculous Debt Ceiling,” Trump posted — increasing his demand for a new five-year debt limit increase. "Without this, we should never make a deal."

Government workers had already been told to prepare for a federal shutdown which would send millions of employees — and members of the military — into the holiday season without paychecks.

Biden has been in discussions with Jeffries and Senate Majority Leader Chuck Schumer, but White House press secretary Karine Jean-Pierre said, “Republicans blew up this deal. They did, and they need to fix this.”

As the day dragged on with no deal in sight, Senate Republican Leader Mitch McConnell stepped in to remind colleagues “how harmful it is to shut the government down, and how foolish it is to bet your own side won’t take the blame for it.”

At one point, Johnson asked House Republicans for a lunchtime meeting for a show of hands as they tried to choose the path forward.

It wasn't just the shutdown, but the speaker's job on the line. The speaker's election is the first vote of the new Congress, which convenes Jan. 3, and some Trump allies have floated Musk for speaker.

Johnson said he spoke to Musk ahead of the vote Friday and they talked about the “extraordinary challenges of this job.”

Associated Press writers Kevin Freking, Stephen Groves, Mary Clare Jalonick, Darlene Superville and Bill Barrow contributed to this report.

Speaker of the House Mike Johnson, R-La., talks to reporters after passing the funding bill to avert the government shutdown at the Capitol in Washington, Friday, Dec. 20, 2024. (AP Photo/Jose Luis Magana)

Speaker of the House Mike Johnson, R-La., talks to reporters after passing the funding bill to avert the government shutdown at the Capitol in Washington, Friday, Dec. 20, 2024. (AP Photo/Jose Luis Magana)

Speaker of the House Mike Johnson, R-La., talks to reporters after passing the funding bill to avert the government shutdown at the Capitol in Washington, Friday, Dec. 20, 2024. (AP Photo/Jose Luis Magana)

Speaker of the House Mike Johnson, R-La., talks to reporters after passing the funding bill to avert the government shutdown at the Capitol in Washington, Friday, Dec. 20, 2024. (AP Photo/Jose Luis Magana)

The Capitol is pictured in Washington, Friday, Dec. 20, 2024. (AP Photo/J. Scott Applewhite)

The Capitol is pictured in Washington, Friday, Dec. 20, 2024. (AP Photo/J. Scott Applewhite)

Speaker of the House Mike Johnson, R-La., emerges from a closed-door meeting with fellow Republicans at the Capitol in Washington, Friday, Dec. 20, 2024. (AP Photo/J. Scott Applewhite)

Speaker of the House Mike Johnson, R-La., emerges from a closed-door meeting with fellow Republicans at the Capitol in Washington, Friday, Dec. 20, 2024. (AP Photo/J. Scott Applewhite)

Speaker of the House Mike Johnson, R-La., emerges from a closed-door meeting with fellow Republicans at the Capitol in Washington, Friday, Dec. 20, 2024. (AP Photo/J. Scott Applewhite)

Speaker of the House Mike Johnson, R-La., emerges from a closed-door meeting with fellow Republicans at the Capitol in Washington, Friday, Dec. 20, 2024. (AP Photo/J. Scott Applewhite)

Rep. Dusty Johnson, R-S.D., talks with reporters after attending a meeting with Speaker of the House Mike Johnson, R-La., as the House works on a spending bill to avert a shutdown of the Federal Government, Friday, Dec. 20, 2024, at the Capitol in Washington. (AP Photo/John McDonnell)

Rep. Dusty Johnson, R-S.D., talks with reporters after attending a meeting with Speaker of the House Mike Johnson, R-La., as the House works on a spending bill to avert a shutdown of the Federal Government, Friday, Dec. 20, 2024, at the Capitol in Washington. (AP Photo/John McDonnell)

FILE - President-elect Donald Trump poses for a photo with Dana White, Kid Rock and Elon Musk at UFC 309 at Madison Square Garden, Nov. 16, 2024, in New York. (AP Photo/Evan Vucci, File)

FILE - President-elect Donald Trump poses for a photo with Dana White, Kid Rock and Elon Musk at UFC 309 at Madison Square Garden, Nov. 16, 2024, in New York. (AP Photo/Evan Vucci, File)

Speaker of the House Mike Johnson, R-La., talks briefly to reporters just before a vote on an interim spending bill to prevent a government shutdown, at the Capitol in Washington, Thursday, Dec. 19, 2024. The vote failed to pass. (AP Photo/J. Scott Applewhite)

Speaker of the House Mike Johnson, R-La., talks briefly to reporters just before a vote on an interim spending bill to prevent a government shutdown, at the Capitol in Washington, Thursday, Dec. 19, 2024. The vote failed to pass. (AP Photo/J. Scott Applewhite)

President-elect Donald Trump speaks during a news conference at Mar-a-Lago, Monday, Dec. 16, 2024, in Palm Beach, Fla. (AP Photo/Evan Vucci)

President-elect Donald Trump speaks during a news conference at Mar-a-Lago, Monday, Dec. 16, 2024, in Palm Beach, Fla. (AP Photo/Evan Vucci)

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