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How Biden compares with other recent Presidents in appointing federal judges

Black Politics Now by Black Politics Now
January 17, 2025
in Research
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Image Source: Brookings

Image Source: Brookings

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Jan 16, 2025 Story by: Editor

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As President Joe Biden approaches the end of his first term, his administration will have appointed 228 judges to the federal courts, including a significant number of women and racial or ethnic minorities. According to data from the Federal Judicial Center, Biden’s appointments surpass the 226 federal judges appointed by Donald Trump during his first term. However, Trump is set to increase his total as he begins his second term, with a Republican Senate majority.

This analysis of Biden’s judicial appointments is based on data from the Federal Judicial Center and focuses on the 91 district courts, 13 appeals courts, and the U.S. Supreme Court. It excludes appointments to certain specialized courts such as the U.S. Court of International Trade and territorial courts in Guam, the Northern Mariana Islands, and the U.S. Virgin Islands.

Biden’s Judicial Appointments Breakdown

Biden appointed more judges to the district courts than Trump (187 vs. 174), but fewer to the appeals courts and the Supreme Court. Biden appointed 45 judges to the federal appeals courts, which handle appeals from district courts, and one Supreme Court justice, Ketanji Brown Jackson. Notably, Jackson was first appointed to an appeals court before her elevation to the Supreme Court.

In contrast, Trump appointed 54 appeals court judges and three Supreme Court justices: Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. These appointments were the most by any president since Ronald Reagan, who appointed four Supreme Court justices.

Biden’s Historic Appointment of Women

Biden has made history by appointing more women to the federal judiciary than any other president. A total of 144 women, comprising 63% of his appointments, now serve in federal courtrooms, surpassing the previous record set by Barack Obama, who appointed 134 women during his two terms. Women have become a more significant part of judicial appointments across both major political parties over time. Notably, women accounted for only 8% of Reagan’s appointees, but their representation has steadily increased under subsequent Republican presidents.

Racial and Ethnic Diversity Among Biden’s Judicial Appointees

No president has appointed a more racially and ethnically diverse group of judges than Biden. A remarkable 60% of Biden’s appointments (136 out of 228) represent racial or ethnic minorities. This figure stands as the highest number and share of any president, surpassing Obama’s record of 36% and Clinton’s 25%. Among Biden’s appointments, 37% (85 of 228) are women of color, including 35 Black women, 19 Hispanic women, and 17 Asian women. In comparison, only 5% of Trump’s appointees were women of color.

Biden’s Influence on Federal Judiciary Composition

As of January 7, Biden’s appointees represent more than a quarter of all active federal judges. These appointees now account for:

  • 28% of active district court judges
  • 25% of active appeals court judges
  • 11% of sitting Supreme Court justices (one of nine)

The number of active federal judges fluctuates due to retirements and new appointments, but as of early January, Biden’s appointees made up a substantial portion of the federal judiciary. Of the active judges, Democratic presidents have appointed 60% of district court judges, while Republican presidents appointed 40%. The appeals courts are nearly evenly divided (49% Democratic vs. 51% Republican), while Republican presidents have appointed a majority of Supreme Court justices (six vs. three).

These figures underscore Biden’s significant impact on the federal judiciary, with a focus on diversity and gender representation that has set new historical precedents. Source: Pew Research

Tags: Biden federal judge appointmentsBiden vs past presidents judgesFederal judiciary under BidenPresidential judicial appointments comparison
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