Biden threatens to veto bill adding new federal judges over Trump fears

By 
 December 12, 2024

Joe Biden is planning to veto a bi-partisan bill to add new federal judges, in a cynical effort to mitigate Donald Trump's impact on the federal judiciary.

The JUDGES Act would create 63 new judgeships over the next decade, and its implementation is in phases, so President Trump would not be the sole beneficiary.

But the prospect of Trump's return has scrambled Democratic support for the bill, which passed the Senate in a bi-partisan vote before the election.

Biden to veto bill

The House passed the bill Thursday in a 236-173 vote after it cleared the Senate unanimously in August.

President Biden has already said he would veto the bill, questioning the timing of House Republicans, who waited to pass the legislation until after the election. Biden said the bill does not address a real need and suggested its real motivation is political gain.

"While judicial staffing is important to the rule of law, S. 4199 is unnecessary to the efficient and effective administration of justice," the White House said in a statement.

"Further, the Senate passed this bill in August, but the House refused to take it up until after the election."

New York Democratic Rep. Jerry Nadler was blunter about the party's fears, saying the bill's passage would help Trump. The legislation would add 11 new judgeships in 2025 and 11 in 2027.

"Donald Trump has made clear he intends to expand presidential power, and this bill hands him another tool to do so," Nadler said.

Political games

With Democrats coming out in force against the bill, there is little chance it will get the two-thirds support needed to override Biden's veto.

House Speaker Mike Johnson (R-La.) blasted the Democrats' change of heart in a statement.

"The bipartisan JUDGES Act passed unanimously in the Senate months ago. But NOW the White House has a problem with it for ONE reason:  America just elected Trump.  The American people deserve timely justice & the Biden-Harris White House shouldn’t stand in the way."

Senate Minority leader Mitch McConnell (Ky.) accused Biden of sacrificing the public good out of "selfish spite."

Biden's objections to signing the bill are obviously hypocritical. If Trump had lost the election, he would no doubt be singing a different tune.

Biden's judicial gamesmanship comes as some liberal judges have reversed their own retirement decisions to stop Trump from picking their replacements.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson