A Democratic majority in the Senate should have plenty of time to focus on the nominations
Save time by listening to our audio articles as you multitaskWhereas Mr Trump’s judges style themselves as “originalists”—followers of what they take to be the original meaning of the constitution—Mr Biden’s appointees largely eschew labels. Leah Litman, of the University of Michigan, says the 85 are “quite moderate and cautious”, in contrast to Trump appointees who “pen opinions suggesting courts should radically revisit the law”.
In 2022 Mr Biden has nominated more former prosecutors . John Collins, of George Washington University law school, sees this as a sign he is reaching out to Republican senators to “keep the nomination pipeline flowing”. Mr Collins notes that several former prosecutors—Cindy Chung in Pennsylvania, Doris Pryor in Indiana and Jabari Wamble in Kansas—have nominations pending for seats in red or purple states.
If Raphael Warnock wins re-election in Georgia in his run-off election on December 6th against Herschel Walker, the impact, according to Josh Chafetz of Georgetown law school, would be “huge”. A 51-49 Senate would move more efficiently, lining up floor votes without the risk of time-consuming discharge petitions. Democrats would press on with controversial judicial nominees even if one of their caucus is absent for a vote, notes Brandon Hasbrouck, of Washington and Lee University.
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