Joe Biden's Makes His Mark on the Judiciary

By Jeralyn, Section Judiciary
Posted on Wed Oct 20, 2021 at 01:37:24 PM EST
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Some good news to report about Joe Biden. He has rapidly been filling the open slots for federal District and Appeals Court judges. So far, 8 of those appointed and confirmed have backgrounds as public defenders.

That is as many as (un)president Donald Trump, and Presidents Obama, George W. Bush and Bill Clinton landed in their first years combined, said Chris Kang, the chief counsel of Demand Justice.

...Set against recent history, [appointing 5 of these judges to the Courts of Appeal] t...is a remarkable statistic. President Barack Obama confirmed five former public defenders to the appeals courts over his entire eight years, according to the progressive judicial group Demand Justice. Biden has matched that in his first nine months.

For decades, federal judicial appointments have favored ex-prosecutors and corporate lawyers, the latter of whom have no criminal experience. [More...]

In Colorado, Biden has appointed a female judge with a background as a federal defender to The Tenth Circuit Court of Appeals. But he's also appointed a corporate lawyer who spent 7 years as an AUSA to the District Court bench.
In addition, Biden nominated Charlotte Sweeney, an employment lawyer who will be the "first openly LGBTQ federal judge in Colorado".

We need more appointments of criminal defense lawyers (and not just public defenders) to the bench. Can we count on Joe to keep them coming?

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Joe Biden's Makes His Mark on the Judiciary | 13 comments (13 topical)

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I do think (5.00 / 1) (#1)
by Ga6thDem on Wed Oct 20, 2021 at 05:26:16 PM EST

Biden saw all the mistakes of Obama and is attempting not to repeat them.

President. Biden and (5.00 / 1) (#4)
by KeysDan on Thu Oct 21, 2021 at 05:32:37 PM EST

Vice President Harris spoke today at a ceremony marking the tenth anniversary of the Martin Luther King, Jr. memorial in DC. In his excellent presentation, the president took particular pride in the appointment of judges with experience as public defenders.

And speaking of judges, the Supreme Court (5.00 / 1) (#5)
by Peter G on Fri Oct 22, 2021 at 02:17:32 PM EST

has accepted the US DoJ's invitation to bypass the Fifth Circuit and hear itself the appeal by Texas of a federal district judge's ruling sustaining AG Garland's lawsuit to invalidate the Texas "SB8" anti-abortion law. On a super-expedited schedule: briefs next week, oral argument November 1. Texas unfortunately gets the benefit of the Fifth Circuit's stay at least until November 1, over Justice Sotomayor's eloquent dissent that the party harmed in the meanwhile is not the State but the women of Texas. Importantly, the ONLY issue the Court agreed to hear is whether the U.S. Government has standing (legal authority) to sue a state in defense of citizens' constitutional rights, where the law at issue is designed to prevent anyone else from doing so. The Supremes will NOT consider, in this case, the continuing viability of the Roe and Casey precedents.

Wheels of justice maybe (none / 0) (#7)
by CaptHowdy on Fri Oct 22, 2021 at 04:39:41 PM EST

grinding slightly less slowly.

Trump's Jan. 6 executive privilege hearing set for Nov. 4 after federal judge expedites case


: An Obama appointee (none / 0) (#8)
by CaptHowdy on Fri Oct 22, 2021 at 04:41:58 PM EST

U.S. District Judge Tanya Chutkan

Roe v Wade may have (none / 0) (#9)
by KeysDan on Mon Oct 25, 2021 at 02:53:59 PM EST

to wait until Dobbs v Jackson Women's Health. Although, the Texas Vigilante Abortion law has, essentially, done the deed for Texas women already. And, if Sherif Girigis, Associate Professor of Law at Notre Dame, has any influence (as if any is needed) with Alito, for whom he once clerked, Roe will soon be gone.

In an article published in the Washington Post last week, Girigis puts the Mississippi abortion law under his broken microscope and offers the tired conclusion that the Supreme Court has only one viable option: to overturn Roe V Wade.

With Roe out of the way, the Supreme Court, especially Alito and Thomas as the Loathsome Cowboys, will be searching for a good case to overturn Obergefelll v Hodges, the SC ruling on marriage equality.

The same Sherif Girigis (born in Cairo and a convert to Catholicism) seems to have made a career out of opposition to same sex marriage, including a book entitled: "What is Marriage? Men and Women: a Defense." "It defeats the argument for recognizing same sex marriages as marriages and shows how doing so would harm the common good." I will put off my purchase of his tome until it is in the dollar rack at a used book store, and then use it for kindling.

Texas legislators are, apparently, getting high on the success of their odious abortion law and have now set their sights on Obergefell. A Texas legislator, on Oct 19, 2021, has written to the TX Attorney General for clarification of Obergefell, on behalf of TX leaders who have opined that legal gay marriage should not be permitted in Texas because they feel state law trumps the SC ruling. And, the Texas state laws have never been repealed. Supremacy clause anyone? Naw, just make it unusual so the Supreme Court can claim it is beyond their abilities to figure it out, so it must be OK.

Texas is on a roll: Gay marriage; removal of a state suicide and crisis hot line; and banning trans students from participating in sports teams comporting with their gender identity.

Alito's former clerk is probably ready to go--- perhaps a vigilante gay marriage law for Texas (I know where there is a gay couple, let's go get'em, and the preacher who married them, too).

Girigis seems, to me, to have some thoughts along the lines of Judge Roland Frieslar such that his idea of the American judiciary may not serve the welfare of all citizens. However, he appears to be someone somebody would like to somehow see as a judge someday.


Getting close to $1 (none / 0) (#10)
by Peter G on Mon Oct 25, 2021 at 03:24:03 PM EST

You can get it for $3.98, including delivery.


: I'm not paying (5.00 / 2) (#11)
by Zorba on Mon Oct 25, 2021 at 04:18:14 PM EST

One cent to buy his book. Ugh, what a jerk he is.

No objection assuming the appointees (none / 0) (#2)
by oculus on Wed Oct 20, 2021 at 11:02:37 PM EST

are competent and fair-minded.

: That would be a refreshing change (5.00 / 3) (#3)
by Peter G on Thu Oct 21, 2021 at 08:30:59 AM EST

from many of the appointments made over the past four years, for sure.

An unconscionable (none / 0) (#6)
by KeysDan on Fri Oct 22, 2021 at 03:54:14 PM EST

(unsigned) opinion. Even after the earlier ruling permitting Texas S8 to go into effect---a ruling that prompted the "we are not hacks" tour by Alito and Barrett. The grand gesture of a fast track comes across as a sop and is likely a nod to Halloween masquerades.

: Can I just say that (5.00 / 4) (#12)
by Zorba on Mon Oct 25, 2021 at 04:27:14 PM EST

These types of judges, up to and including the Supremes, are why it's so, so important for Democrats to vote, even in off-year elections.
Vote!!! And encourage your friends to do so, from the local and state elections on up. Remember, many of the local and state people climb their way up, and they may end up eventually in the Senate, where they can block or approve the federal judges.

: Hacks (5.00 / 2) (#13)
by jmacWA on Tue Oct 26, 2021 at 04:16:04 AM EST

If you have to go on tour to proclaim you are not a hack... you most definitely are one.