White House Threatens Biden Veto of Bipartisan Bill to Add New Judges
The Bill and Its Provisions
The Judicial Capacity Expansion Act of 2023, a bipartisan bill introduced by Senators Chuck Grassley (R-IA) and Amy Klobuchar (D-MN), proposes the creation of 13 new judgeships in the federal judiciary system. These new judges would be assigned to the U.S. District Courts, the U.S. Circuit Courts of Appeals, and the U.S. Court of International Trade. The bill has drawn support from both Republicans and Democrats, as well as from various legal organizations and practitioners.
The White House’s Objection
Despite the bill’s bipartisan support, the White House has threatened to veto it. The Biden administration argues that the current number of judges is sufficient to handle the workload and that creating new judgeships is unnecessary. The administration also expressed concerns that the bill would shift the ideological balance of the federal judiciary in favor of conservatives. The bill would create two new permanent circuit judgeships for the Seventh and Ninth Circuits, which currently have three and six judgeships, respectively. The Ninth Circuit is notorious for its large caseload and slow disposition time.
Need for Additional Judges
Proponents of the bill argue that the federal judiciary is facing an overwhelming workload and that additional judges are needed to handle the influx of cases. According to the Administrative Office of the U.S. Courts, the federal courts received over 400,000 new civil cases in 2021, an increase of over 20% since 2010. The number of pending cases has also increased significantly, with over 1.2 million cases pending in district courts as of March 2023. The Seventh and Ninth Circuits are among the busiest circuits in the country, with the Ninth Circuit having the largest caseload of any circuit.
Ideological Considerations
Critics of the bill argue that it is motivated by a desire to shift the ideological balance of the federal judiciary in favor of conservatives. The two new circuit judgeships that would be created by the bill would be for the Seventh and Ninth Circuits, which are currently considered to be more liberal-leaning. The addition of conservative judges to these circuits could potentially alter the ideological makeup of the entire federal judiciary.
Conclusion
The debate over the Judicial Capacity Expansion Act of 2023 highlights the complexities and challenges involved in reforming the federal judiciary. While there is a need to address the increasing workload, there are also concerns about the potential ideological consequences of adding new judges. The White House’s threat to veto the bill casts doubt on its future prospects, but it is likely to continue to be debated by Congress and legal experts in the coming months.
