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Biden's Numerous Judicial Confirmations Were the Most Diverse in U.S. History

By Kit Yona, M.A. | Last updated on

President Joseph Biden appointed the most federal judges to U.S. trial and circuit courts in a single term since the tenure of President Jimmy Carter.

Beyond the sheer number, the federal judges confirmed set new standards for diversity. The makeup of the federal court has been forever changed by both the classes represented and the backgrounds included.

By the Numbers

By the end of his term, Biden had appointed about 27% of all active federal judges. His total number of confirmed judges with lifetime appointments comes in at 235 and includes:

  • United States Supreme Court - one
  • United States courts of appeals (circuit courts) - 45
  • U.S. district courts - 187
  • United States Court of International Trade - two

Biden also appointed judges in specialty courts that include the following:

  • United States Court of Federal Claims - five
  • United States Tax Court - six
  • United States Courts of Appeals for the Armed Forces - one
  • United States Court of Military Commission Review - five
  • Territorial Courts - one (District Court for the Northern Marianas Islands)

When compared to the confirmations of President Donald Trump during his first term, the numbers are almost equal. Trump appointed more circuit (appeals) court judges (54 to 45), but Biden confirmed more district (trial) court judges (187 to 174). A much larger discrepancy appears when the types of people confirmed are examined.

Diversity on the Bench

Biden had vowed that diversity would be a major part of his federal judicial nominations. Results indicate that he delivered on that promise. Almost two out of every three confirmed federal judges during his term were women. This was far above the highest previous rate of 42% during President Barack Obama's two-term tenure and more than double Trump's rate of 24%.

He also followed through by appointing the most ethnically and racially diverse slate of judges in American history. 60% of his appointees are either Black, Asian, Hispanic, or part of another ethnic or racial minority group such as Native American, Muslim-American, and LGBTQI+. This compares to 16% for Trump and 36% for Obama.

Biden's sole confirmation to the Supreme Court of the United States came in 2022. Ketanji Brown Jackson was the first Black woman to be appointed as a Supreme Court Justice. He had previously appointed her to the U.S. District Court in 2021.

Judges for the People

Biden also expanded the federal courts in terms of background. Justice Jackson represented the first time a former public defender had been appointed to the Supreme Court. This devotion to professional diversity across the federal judiciary is shown by the inclusion of:

  • 45 public defenders
  • 25 civil rights lawyers
  • 10 attorneys who have represented workers

Forever Seeking Balanced Justice

As of the end of Biden's term, Democratic presidents have appointed 60% of the judges at the district court level. Republicans hold a 51%-49% appointment advantage at the appeals court level and a six to three difference in the Supreme Court.

Trump's second term will surely affect these numbers. For one, judicial appointments have become a priority for every presidential administration, and Trump is sure to try to get at least as many confirmations his second term. As well, Trump has very clearly moved away from a focus on DEI, with at least three executive orders issued in his first week as president halting diversity efforts throughout the federal government.

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