1A

'If You Can Keep It': The Future Of The Federal Judiciary

Dec 16, 2024

Mary McCord, a former Assistant Attorney General, discusses the recent push to create 63 new federal judgeships and its potential impact on the judiciary. Jeff Rosen, constitutional law expert, highlights the contrasting judicial legacies of Presidents Trump and Biden, emphasizing diversity on the bench. Journalist Josh Gerstein sheds light on the intricacies of judicial appointments and the influence of the Federalist Society, warning of rising partisanship. Together, they explore the lasting implications of these developments on the justice system.

34:56

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Episode guests

Josh Gerstein

Jeff Rosen

Mary McCord

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Episode notes

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Quick takeaways

The recent bill proposing 63 new judgeships highlights the urgent need to address federal court backlogs and delays resulting from rising litigation demands.

The ideological shift in the federal judiciary depends heavily on presidential appointments, with each administration impacting diversity and long-term judicial perspectives significantly.

Deep dives

The Need for More Federal Judges

The recent passage of a bill to create 63 new permanent judgeships highlights the growing concern over case backlogs and delays within the federal judiciary. Lawmakers from both parties have indicated the urgent need for more federal judges to handle rising litigation and serve justice effectively. If enacted, the bill would give the next president, potentially President-elect Trump, the opportunity to appoint 22 judges while also addressing the critical shortage as demands on the court continue to escalate. The political tension surrounding this issue has escalated, particularly with President Biden signaling a veto despite initial bipartisan support for the Judges Act.

Intro

2min

Navigating Legal Boundaries and Public Media Offerings

2min

The Evolving Role of Federal Judges

8min

Judicial Appointments and Their Impact

4min

Judicial Qualifications in a Partisan Era

10min

Influence of the Federalist Society on Future Judicial Appointments

3min

Judging Loyalty: Trump and the Federalist Society

8min

The Integrity of Lower Court Judges in a Polarized Environment

3min

Last week, the House passed a bill to create 63 new permanent judgeships. Case backlogs and delays have had many lawmakers saying we need more federal judges. If the bill did become law, President-elect Donald Trump would have 22 new seats to fill. The legislation originally had bipartisan support, but President Joe Biden vowed to veto it, with the support of many Democrats.

In his first term, Trump put more judges in place than almost any president in history. Biden has made his mark too, surpassing that number. As of last week, he had also put more judges of color on the bench than any of his predecessors.

Federal judges almost always serve life terms, meaning each of these picks can have lasting consequences for Americans.

We look back and look ahead at our federal judiciary.

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