Joe Biden judicial appointment controversies

Supreme Court of the United States

• Ketanji Brown Jackson (of Washington, D.C.): On February 25, 2022, President Joe Biden announced that he would nominate Judge Ketanji Brown Jackson to succeed Stephen Breyer as an associate justice of the Supreme Court of the United States.[6][7][8][9] At the time of her pending nomination, Jackson is a judge on the United States Court of Appeals for the District of Columbia Circuit, to which she was appointed by Biden in 2021. On February 28, 2022, her nomination was sent to the Senate.[10] Her nomination is pending before the Senate Judiciary Committee. If confirmed, Jackson would be the first black woman to serve on the Supreme Court.[11] Senate Minority Leader Mitch McConnell characterized Jackson as "the favored choice of far-left dark money groups that have spent years attacking the legitimacy and structure of the court itself".[12] The Republican National Committee called Jackson "a radical, left-wing activist who would rubber stamp Biden’s disastrous agenda".[13][14] Republican Senator Lindsey Graham, who had previously voted in favor of Jackson's confirmation to the DC Circuit Court of Appeals, stated that the nomination "means the radical Left has won President Biden over yet again".[14] Her confirmation hearings before the Senate Judiciary Committee opened on March 21.[15] After the Judiciary Committee deadlocked in an 11–11 vote, her nomination was advanced on April 4 by a 53–47 procedural vote in the Senate.[16][17][18] She was subsequently confirmed by the same margin on April 7, 2022.[19]

• Eunice C. Lee (of New York): On May 12, 2021, President Biden nominated Lee to serve as a United States Circuit Judge for the United States Court of Appeals for the Second Circuit to the seat vacated by Judge Robert Katzmann, who took senior status on January 21, 2021.[20] On June 9, 2021, a hearing on her nomination was held before the Senate Judiciary Committee.[21] On July 15, 2021, her nomination was reported out of committee by a 11–10 vote; Senator Lindsey Graham passed on the vote.[22] She is the second African American woman ever to serve on the Second Circuit and the only judge with experience as a federal defender serving on that circuit.[23] During Clarence Thomas's 1991 Supreme Court hearing, Lee criticized Thomas in a letter to Ohio State University's student newspaper The Lantern, criticizing him for being a "black conservative." During her own confirmation hearing in 2021, she distanced herself from the contents of the letter.[24] On August 3, 2021, U.S. Senate Majority Leader Chuck Schumer filed cloture on Lee's nomination.[25] On August 5, 2021, the Senate voted 50–49 in favor of cloture on Lee's nomination, with Senator Graham absent.[26] On August 7, 2021, her nomination was confirmed by a 50–47 vote.[27][28]
• Myrna Pérez (of New York): On June 15, 2021, President Biden announced his intent to nominate Pérez to serve as a United States Circuit Judge for the United States Court of Appeals for the Second Circuit to the seat vacated by Judge Denny Chin, who took senior status on June 1, 2021.[29][30] On July 14, 2021, a hearing on her nomination was held before the Senate Judiciary Committee.[31] During her hearing, Pérez was questioned about her voting rights advocacy, including an article she had written titled "The GOP Campaign to Make Elections Less Free." She went on to note that control over the article's title was not given to her nor did she mention political parties in the article but that if confirmed to the court she would set aside her past advocacy work.[32][33] On August 5, 2021, her nomination was reported out of committee.[34] by a 12–10 vote.[32] On October 25, 2021, her nomination was confirmed in the United States Senate by a 48–43 vote.[35]
• Beth Robinson (of Vermont): On August 5, 2021, President Biden nominated Robinson to serve as a United States Circuit Judge of the United States Court of Appeals for the Second Circuit.[36] President Biden nominated Robinson to the seat vacated by Judge Peter W. Hall, who took senior status on March 4, 2021.[37] On September 14, 2021, a hearing on her nomination was held before the Senate Judiciary Committee.[38] During Robinson's confirmation hearing, she faced questioning from Republican Senators over her views on religious freedom.[39] As a lawyer in private practice, she had represented a woman who sued a local print shop for refusing to print cards for an organization called Vermont Catholics for Choice.[39] The owners of the print shop, who were Catholic, said they did not believe Catholics could support abortion.[39] On October 21, 2021, her nomination was reported out of committee by a 10–9 vote.[40] On November 1, 2021, her nomination was confirmed in the United States Senate by a 51–45 vote.[41]

• Lucy Koh (of California): On September 8, 2021, President Biden announced his intention to renominate Koh to be a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit.[42] On September 20, 2021, her nomination was sent to the Senate. President Biden nominated Koh to the seat to be vacated by Judge Richard Paez, upon confirmation of a successor.[43] On October 6, 2021, a hearing on her nomination was held before the Senate Judiciary Committee.[44] During her hearing, Koh was criticized by Republicans senators for her decisions related to religious rights during the Covid-19 pandemic, which Senator Josh Hawley described as "deeply troubling".[45] On October 28, 2021, her nomination was reported out of committee by a 13–9 vote.[46] On December 9, 2021, the U.S. Senate voted 51–38 for cloture on Koh's nomination. On December 13, 2021, the U.S. Senate confirmed Koh in a 50–45 vote.[47][48]
• Jennifer Sung (of Oregon): On June 30, 2021, President Biden announced his intent to nominate Sung to serve as a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit.[49] On July 13, 2021, her nomination was sent to the Senate. President Biden nominated Sung to the seat to be vacated by Judge Susan P. Graber, who will take senior status upon confirmation of a successor.[50] On September 14, 2021, a hearing on her nomination was held before the Senate Judiciary Committee.[51] During the hearing, Senators questioned her about her decision to sign a letter regarding Brett Kavanaugh's nomination to the U.S. Supreme Court. The letter accused Kavanaugh of being an "intellectually and morally bankrupt ideologue" and claimed that "people will die if he is confirmed".[52] Sung said she recognized that much of the letter's rhetoric "was overheated," but she did not disavow the letter or say "whether she thought Kavanaugh was indeed 'intellectually and morally bankrupt.'"[53][54][55] The Senate Judiciary Committee voted 10–10 on a party-line vote, stalling her nomination in committee.[56][40] On November 3, 2021, Senate Majority Leader Chuck Schumer filed a motion to discharge Sung's nomination from committee. Later that day, the Senate voted 49–49, with Vice President Kamala Harris breaking the tie, to discharge Sung's nomination from committee.[57] On December 9, 2021, the U.S. Senate invoked cloture on her nomination by a 48–39 vote.[58] On December 15, 2021, her nomination was confirmed by a vote of 50–49.[59]

• Ketanji Brown Jackson (of the District of Columbia): On March 30, 2021, President Biden announced his intent to nominate Jackson to serve as a United States Circuit Judge for the United States Court of Appeals for the District of Columbia Circuit.[60] On April 19, 2021, her nomination was sent to the Senate. President Biden nominated Jackson to the seat vacated by Judge Merrick Garland, who stepped down on March 11, 2021, to become Attorney General.[61] On April 28, 2021, a hearing on her nomination was held before the Senate Judiciary Committee.[62] Ahead of her confirmation hearing, Bloomberg Law reported that conservative activists were pointing to certain decisions by Jackson that had been reversed on appeal as a "potential blemish on her record," in order "to tarnish her so she won't get picked for the Supreme Court."[63] Nan Aron, president of the liberal Alliance for Justice, defended Jackson's record, saying Jackson "has written nearly 600 opinions and been reversed less than twelve times."[63] During her confirmation hearing, Jackson was questioned about several of her rulings against the Trump administration.[64] On May 20, 2021, Jackson's nomination was reported out of committee by a 13–9 vote.[65] On June 10, 2021, cloture was invoked on her nomination by a vote of 52–46.[66] On June 14, 2021, the United States Senate confirmed Jackson in a 53–44 vote.[67]

• Anne Rachel Traum: On November 3, 2021, President Joe Biden announced his intent to nominate Traum to serve as a United States district judge of the United States District Court for the District of Nevada.[68][69] On December 15, 2021, a hearing on her nomination was held before the Senate Judiciary Committee.[70] The confirmation hearings were particularly contentious when questioned by Senator John Kennedy of Louisiana. He asked nine separate times whether [criminal misbehavior should be forgiven in the name of social justice], without receiving a direct yes or no response.[71] On January 3, 2022, her nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate;[72] she was later renominated the same day.[73] On January 20, 2022, her nomination was reported out of committee by a 12–10 vote.[74] On March 16, 2022, the United States Senate invoked cloture on her nomination by a 52–45 vote.[75] On March 23, 2022, the United States Senate confirmed her nomination by a 49–47 vote.[76]

• Christine O'Hearn: On April 29, 2021, President Joe Biden nominated O'Hearn to serve as a United States District Judge for the United States District Court for the District of New Jersey to the seat vacated by Judge Robert B. Kugler, who took senior status on November 2, 2018.[77] On June 23, 2021, a hearing on her nomination was held before the Senate Judiciary Committee.[78] Progressive magazine The American Prospect critiqued O'Hearn's nomination, saying she had "fought against workplace sexual harassment cases, defended police departments, and represented management during union drives."[79] On July 22, 2021, her nomination was reported out of committee by a 12–10 vote.[80] On October 19, 2021, her nomination was confirmed in the Senate by a vote of 53–44.[81]
• Karen M. Williams: On March 30, 2021, President Joe Biden nominated Williams to serve as a United States District Judge for the United States District Court for the District of New Jersey to the seat vacated by Judge Jerome B. Simandle, who took senior status on May 31, 2017.[82] Progressive magazine The American Prospect criticized Williams' nomination, saying "Williams spent many years as a management-side labor and employment attorney, even arguing cases against workplace sexual harassment claims, a troubling background to those hoping for judicial appointments that might defend workers."[83] On July 14, 2021, a hearing on her nomination was held before the Senate Judiciary Committee.[84] On August 5, 2021, her nomination was reported out of committee by a vote 16–6.[85] On October 26, 2021, her nomination was confirmed in the United States Senate by a 56–38 vote.[86]

• Hernán D. Vera: On September 8, 2021, President Joe Biden announced his intent to nominate Vera to serve as a United States District Judge of the United States District Court for the Central District of California. On September 20, 2021, his nomination was sent to the Senate. President Biden nominated Vera to the seat vacated by Judge Margaret M. Morrow, who took senior status on October 29, 2015.[43] On October 20, 2021, a hearing on his nomination was held before the Senate Judiciary Committee.[87] On December 2, 2021, the Senate Judiciary Committee voted 11–11 on a party-line vote, stalling his nomination in committee.[88] On January 3, 2022, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate;[89] he was later renominated the same day.[73] On January 20, 2022, his nomination was stalled in committee by a 11–11 vote.[90] The Senate will need to vote on a motion to discharge his nomination from committee.
• Kenly Kiya Kato: On December 15, 2021, President Joe Biden nominated Kato to serve as a United States District Judge of the United States District Court for the Central District of California.[91] President Biden nominated Kato to the seat vacated by Judge Beverly Reid O'Connell, who died on October 8, 2017.[92] Her nomination is pending before the Senate Judiciary Committee. On February 1, 2022, a hearing on her nomination was held before the Senate Judiciary Committee.[93] During her hearing Senator Chuck Grassley questioned her on a book review on neo-conservative Asian Americans and Senator Ted Cruz questioned her on affirmative action.[94][95] On March 10, 2022, her nomination was stalled in committee by an 11–11 vote. The Senate will need to vote on a motion to discharge her nomination from committee.

• Charlotte Sweeney: On August 5, 2021, President Joe Biden nominated Sweeney to serve as a United States District Judge of the United States District Court for the District of Colorado. President Biden nominated Sweeney to the seat vacated by Judge R. Brooke Jackson, who assumed senior status on September 30, 2021.[37] On October 20, 2021, a hearing on her nomination was held before the Senate Judiciary Committee.[87] On December 2, 2021, the Senate Judiciary Committee voted 11–11 on a party-line vote, stalling her nomination in committee.[96] On January 3, 2022, her nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate;[97] she was later renominated the same day.[73] On January 20, 2022, her nomination was stalled in committee by a 11–11 vote.[98] The Senate will need to vote on a motion to discharge her nomination from committee.

• Nina Morrison: On December 15, 2021, President Joe Biden nominated Morrison to serve as a United States district judge of the United States District Court for the Eastern District of New York. President Biden nominated Morrison to the seat vacated by Judge Dora Irizarry, who took senior status on January 26, 2020.[92] On February 16, 2022, a hearing on her nomination was held before the Senate Judiciary Committee.[99] During her hearing, Morrison was questioned by several Republican senators over her understanding of criminal statutes, her service to Philadelphia County District Attorney Larry Krasner and the crime stance of prosecutors.[100][101] On March 10, 2022, her nomination was reported out of committee by a 12–10 vote. Her nomination is pending before the full United States Senate.

• Dale Ho: On September 30, 2021, President Biden nominated Ho to serve as a United States District Judge of the United States District Court for the Southern District of New York,[102] to the seat vacated by Judge Katherine B. Forrest, who resigned on September 11, 2018.[103] On December 1, 2021, a hearing on his nomination was held before the Senate Judiciary Committee.[104] During his confirmation hearing, Ho apologized for his "overheated rhetoric" on social media, which included past tweets critical of three Republican members of the Senate Judiciary Committee, Marsha Blackburn, Mike Lee, and Tom Cotton.[105] He was questioned by senators over a tweet in which he appeared to refer to himself as a "wild-eyed sort of leftist"; he explained that he was "referring to a caricature of the way other people may have described me, not how I would describe myself."[106] A resurfaced video from 2018 showed Ho calling the U.S. Senate and the Electoral College "undemocratic" and arguing that voting should be made easier and that people with criminal convictions should not lose the right to vote.[107] The conservative Judicial Crisis Network launched a $300,000 television ad campaign against Ho (the group's first TV campaign against a Biden judicial nominee);[108] in response, progressive group Demand Justice launched a six-figure ad campaign in support of Ho.[109] On January 3, 2022, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate;[110] he was later renominated the same day.[73] On January 20, 2022, his nomination was stalled in committee by a 11–11 vote.[111] The Senate will need to vote on a motion to discharge his nomination from committee.
• Jennifer H. Rearden: On January 19, 2022, President Joe Biden nominated Rearden to serve as a United States District Judge of the United States District Court for the Southern District of New York.[112][113] On May 4, 2020, President Donald Trump nominated her to a seat on the same court as part of a bipartisan package of nominees.[114] Her nomination is pending before the Senate Judiciary Committee. On March 2, 2022, a hearing on her nomination was held before the Senate Judiciary Committee.[115] Rearden's nomination was criticized by Representative Rashida Tlaib, who brought up Rearden's controversial role in the prosecution of Steven Donziger. Rearden represented Chevron in its countersuit against Donziger, an environmental lawyer who brought a class action case against Chevron related to environmental damage and health effects caused by oil drilling.[116]

• William Pocan: On December 15, 2021, President Joe Biden nominated Pocan to serve as a United States District Judge of the United States District Court for the Eastern District of Wisconsin.[117] Biden nominated Pocan to the seat vacated by Judge William C. Griesbach, who took senior status on December 31, 2019.[92] His nomination is pending before the Senate Judiciary Committee. On February 15, 2022, U.S. senator Ron Johnson announced he would withhold his blue slip, effectively blocking Pocan from receiving a hearing in the Senate Judiciary Committee.[118][119]