Dem
47
GOP
53
While there is dissension in the ranks of the Senate Republican Conference, the Senate Democratic Caucus is exceedingly unified. That will happen when you're in your last 6 weeks of having power, before having to give up the reins for 2, or 4, or more years.
The main focus, of course, is judges. The Senate just confirmed Embry Kidd to Court of Appeals for the Eleventh Circuit, making him just the second Black man appointed to a federal appeals court in the past decade. Senate Majority Leader (for now!) Chuck Schumer (D-NY) is literally burning the midnight oil in order to work through as many appointments as is possible.
The Republicans, not surprisingly, are up in arms. In part, they are complaining that Schumer is holding so many sessions, since so many Republican members are currently missing (e.g., Sens. Marco Rubio, R-FL, and J.D. Vance, R-OH). In part, they think that the Senate should be working on other business, like the budget. Oh, and Donald Trump doesn't want ANY more judges confirmed until he's sworn in.
Schumer's response to all of this, in so many words: Shove it. He and everyone in Washington, everyone who reads this blog, everyone who did not fall off the turnip truck yesterday, etc., know full well that if the shoe was on the other foot, the GOP would be doing the same thing. In fact, they did do the same thing, back in 2020. That's how the game is played these days. Actually, come to think of it, that's how the game has always been played. Remember, the critically important case Marbury v. Madison (1803) was triggered by John Adams' attempts to ram through a bunch of "midnight judges."
Exactly how the numbers will shake out is... unknowable at this point. Thus far, the Democrats have confirmed 217 judges during Biden's term; they need 17 more to equal the number from Trump's first term. At the appeals courts level, there are four nominees awaiting confirmation, two vacancies without a nominee, and three more potential vacancies depending on when announced retirements kick in. At the district court level, there are 21 nominees awaiting confirmation, 40 vacancies without a nominee, and 12 more potential vacancies depending on when announced retirements kick in.
This means that, if absolutely everything were to break Biden's way, he could seat nine more appellate judges and 73 more district judges. He'll never come close to that, of course. First, the Senate only has so much time left before January 3. Second, the blue-slip tradition is still in place. Although appellate judges like Kidd are not subject to blue slips (since they represent multiple states), district court judges are. Soon-to-be Senate Judiciary Committee Chair Chuck Grassley (R-IA) says he will continue to observe the tradition when he retakes the reins. If Democrats believe him (and he's built up a LOT of institutional goodwill), then they'll probably keep the blue slips in place, significantly reducing the number of seats they can fill. That said, the blue team probably can get to the 17 judges needed to tie Trump v1.0, and the one additional judge needed to exceed Trump v1.0. Beyond that, it's anyone's guess. (Z)