Biden’s Race Against Time: Two Judges Confirmed, More in the Pipeline

As President Biden’s term inches toward its final stretch, the U.S. Senate confirmed two new federal judges in Maryland and New York. The approvals came amidst a scramble by Senate Democrats to appoint more judges before the November elections, hoping to outpace the record set by former President Donald Trump.

U.S. Magistrate Judge Adam Abelson, nominated for a lifetime position in Baltimore, secured his seat with a 53-43 vote. Meanwhile, Assistant U.S. Attorney Jeannette Vargas, chosen to serve in Manhattan, was confirmed by a tighter 51-43 margin. These confirmations bring Biden’s total judicial appointments to 207, still trailing Trump’s 234, a count that is second only to Ronald Reagan’s in terms of four-year appointments.

With a narrow Senate majority of 51-49, Democrats are now racing to approve as many of Biden’s remaining nominees as possible before the chamber goes into recess for the elections. If every pending nominee is confirmed, Biden could end his term with 241 judicial appointments, surpassing Trump’s tally. However, several of the nominees face significant opposition, creating uncertainty around the final count.

Senate Majority Leader Chuck Schumer has promised to prioritize judicial confirmations for the remainder of the session, with votes on more nominees lined up, including Kevin Ritz, the U.S. attorney from Tennessee, who is vying for a seat on the 6th U.S. Circuit Court of Appeals.

The urgency comes as Senate Judiciary Committee Chair Dick Durbin continues to schedule hearings, determined to push as many nominees through as possible in 2024. This push is part of the Democrats’ broader strategy to shape the federal judiciary, which will influence legal decisions long after Biden leaves office.

Both Abelson and Vargas come with formidable legal credentials. Abelson, who became a magistrate judge in 2023, made a name for himself in private practice by defending notable clients, including Greg Craig, former White House counsel, in a high-profile acquittal case. Vargas, with over two decades of experience in the U.S. Attorney’s Office in New York, has managed significant cases, including representing the U.S. government during the 2009 Chrysler bailout and defending the SEC in bankruptcy litigations.

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