President Joe Biden threatened to veto a bill that would increase the number of federal judges nationwide by 66 over the next decade.
The bill passed both chambers of Congress with bipartisan support.
The White House revealed the president’s position earlier this week before the House voted on the Judges Act Thursday. It easily passed, 236 to 173.
Twenty-nine Democrats joined with Republicans in supporting the legislation.
The Senate passed the bill by unanimous consent in August, meaning no roll call vote was taken.
If enacted, the legislation would provide for the largest expansion of the federal judiciary since 1990, Reuters reported.
However, the White House said in a statement, “The bill would create new judgeships in states where Senators have sought to hold open existing judicial vacancies. Those efforts to hold open vacancies suggest that concerns about judicial economy and caseload are not the true motivating force behind passage of this bill now.
“Further, the Senate passed this bill in August, but the House refused to take it up until after the election,” the statement read.
US House voted 236-173 to clear bill that would authorize additional federal district judges to address growing caseloads. R 207-2, D 29-171
Senate passed bill in August by unanimous consent. Biden White House threatened veto. pic.twitter.com/8NzEewFIQJ
— Greg Giroux (@greggiroux) December 12, 2024
The Federal Judges Association and the Federal Bar Association came out in favor of the bill, urging its passage.
“Our federal courts observed over 30 percent growth in their caseloads since the last comprehensive judgeship legislation three decades ago and the lack of new judgeships has contributed to profound delays in the resolution of cases and serious access to justice concerns,” the groups said in a Wednesday news release.
Inbox: The Federal Judges Association, headed by Biden-appointed U.S. Circuit Judge Michelle Childs, is urging Biden to sign a bill pending in the House to expand the judiciary and add 66 new judges. The statement came day after the White House said Biden planned to veto it. pic.twitter.com/WAmTgP8iNl
— Nate Raymond (@nateraymond) December 11, 2024
Reuters reported, “If enacted, the JUDGES Act would increase the number of trial court judges in 25 federal courthouses in 13 states including California, Florida and Texas over the next decade through 2035, with new judges being added every two years.”
Senate Majority Whip Dick Durbin of Illinois, who chairs the Senate Judiciary Committee, and Rep. Jerry Nadler of New York, ranking member on the House Judiciary Committee, both questioned why Republicans waited until after the election to pass the Judges Act.
Durbin’s spokesperson said in a statement that the legislation was designed to be taken up before Nov. 5, when neither side knew who would win the presidency, according to The Washington Post.
“Instead, House Republicans stonewalled bipartisan efforts to move the legislation, and it changed the political environment completely,” Durbin’s office said.
Meanwhile, Nadler argued during a House Judiciary Committee hearing on Monday, “Donald Trump has made it clear that he intends to expand the power of the presidency, and giving him 25 new judges to appoint gives him one more tool at his disposal to do that.”
In a bipartisan vote, the House just passed my JUDGES Act to address the shortage of federal judges and the severe delays Americans are experiencing.
I urge President Biden to do the right thing for our judicial system and sign it into law.
The legislation is widely supported…
— Senator Todd Young (@SenToddYoung) December 12, 2024
On Thursday, House Speaker Mike Johnson said following the passage of the Judges Act, “This important legislation garnered broad, bipartisan support when it unanimously passed the Senate in August because it directly addresses the pressing need to reduce case backlogs in our federal courts and strengthen the efficiency of our judicial system.
“At that time, Democrats supported the bill – they thought Kamala Harris would win the Presidency,” he continued. “Now, however, the Biden-Harris Administration has chosen to issue a veto threat and Democrats have whipped against this bill, standing in the way of progress, simply because of partisan politics.”
Johnson concluded, “This should not be a political issue—it should be about prioritizing the needs of the American people and ensuring the courts are able to deliver fair, impartial, and timely justice.”
The Post noted that the Senate “advanced Biden’s last two [judicial] nominees out of the Judiciary Committee on Thursday, teeing up floor votes that … could result in the confirmation of Biden’s 234th and 235th judicial nominees.”
Trump appointed a near-record 234 judges during his first term, so Biden no doubt would take pleasure in topping that number.
