There were only two federal appeals court positions when President Joe Biden took office, the lowest number for a new president since the 1970s. a Law360 analysis noted this week.
Biden is also assuming the presidency with the lowest number of federal agency job vacancies for a new president in decades.
As a law professor at Richmond University, Carl Tobias told the publication::
Biden’s chance at this point is not very favorable compared to its most recent predecessors. “
This, of course, is in contrast to President Donald Trump, who took office with 18 vacancies on the Court of Appeal after a GOP-controlled Senate refused to approve President Barack Obama’s proposed 2015 and 2016 candidates – including Justice Merrick Garland for the Supreme Court.
As Adam Feldman from Empirical SCOTUS wrote about Trump’s court appointments in 2019::
With many of these judges swaying the balance of courts in favor of Republican-appointed judges, the transition is already being felt in the nature of the decisions these courts make. These changes will become even more apparent over time. ”
Biden took office with the fewest court openings since 1989 [Law360]
Changes to Federal Courts: Trump’s Most Significant and Enduring Legacy [Above the Law]
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