The NPR Politics Podcast: Joe Biden's Judicial Legacy Release Date: January 8, 2025

In this episode of The NPR Politics Podcast, hosts Asma Khalid, Carrie Johnson, and Tamara Keith delve into President Joe Biden's judicial legacy as his term approaches its conclusion. The discussion encompasses Biden's judicial appointments, comparisons with former President Donald Trump's tenure, the push for diversity within the judiciary, the ideological balance of the courts, and the implications for future administrations.

1. Overview of Biden's Judicial Appointments

President Biden has successfully appointed a significant number of federal judges during his four-year term. Carrie Johnson highlights, “Biden managed to appoint and the Senate managed to confirm 235 federal judges. Those are lifetime tenure judges” (01:23). This substantial number positions Biden’s appointments as one of his most enduring legacies, shaping the federal judiciary for generations to come.

2. Comparing Biden’s and Trump’s Judicial Appointments

The conversation transitions to a comparison between Biden and former President Trump regarding judicial appointments. Carrie Johnson notes, “By the numbers, Biden managed to confirm one more judge than Trump did. Trump had 234” (01:58). However, the hosts emphasize the qualitative differences. While Trump utilized Senate Majority Leader Mitch McConnell’s strategy to maintain vacancies, allowing him to secure more significant appointments, Biden focused on a broader range of judicial positions, particularly in lower courts (02:26).

Tamara Keith adds, “President Trump was able to nominate and appoint about a quarter of the judiciary. And now President Biden has about a quarter of the judiciary total” (02:56). This parity underscores Biden's effective judicial strategy, despite different political dynamics.

3. Advancing Diversity in the Federal Bench

A central theme of Biden’s judicial legacy is the increased diversity within the federal judiciary. Carrie Johnson elaborates, “Biden appointed more women, more Black women, the first four Muslim American federal judges, and 12 openly LGBTQ judges” (03:16). This commitment extends beyond personal demographics to professional backgrounds, incorporating public defenders, civil rights lawyers, and individuals from organizations like the ACLU and the Innocence Project.

The hosts discuss the broader implications of this diversity, with Tamara Keith stating, “Diversity... improves judicial decision making by ensuring that more viewpoints are heard” (04:31). This not only enhances the judiciary's responsiveness to varied communities but also fosters public trust in the legal system.

4. Ideological Balance of the Judiciary

While Biden's appointments have significantly increased the number and diversity of federal judges, their ideological impact differs from Trump’s appointments. Carrie Johnson observes, “Trump appointed many, many judges... locking in a conservative supermajority for maybe a generation” (07:23). In contrast, Biden has not significantly shifted the ideological leanings of the judiciary but has focused on ensuring a well-rounded and diverse bench.

Tamara Keith raises concerns about the future, noting, “With Trump coming back, he doesn’t have the sort of running start that he had the first time around” (10:18). The hosts discuss the potential for future judicial appointments to influence significant legal decisions, even if Biden’s appointees predominantly fill lower court positions.

5. Impact on Future Judicial Decisions and Administrations

The discussion highlights how Biden’s district court appointments will influence the majority of legal cases, as the Supreme Court handles only a fraction of disputes annually. Carrie Johnson emphasizes, “Most cases are decided by the lower courts, voting rights cases, gun cases, reproductive rights cases, and all of those judges are going to matter” (07:50).

Additionally, the hosts consider the strategic maneuvers of judges, such as retirement timing based on presidential elections, which can impact future judicial compositions. Carrie mentions, “Judges are political animals sometimes... they at least understood enough to get past Senate confirmation” (09:16).

6. Special Counsel's Report on Donald Trump

A significant portion of the episode is dedicated to the Special Counsel's report on former President Donald Trump. Carrie Johnson provides an overview: “Jack Smith delivered a report with two volumes—one on the January 6th election interference case and another on obstruction of justice related to classified documents” (12:13).

The hosts discuss the legal battles surrounding the report's release, noting that Judge Eileen Cannon has temporarily blocked the Justice Department from releasing the classified documents portion. However, the DOJ aims to release the January 6th findings pending appellate approval (12:13).

Carrie underscores the report's importance: “It is part of the regulations that created the special counsel that he or she is supposed to deliver a final report” (14:29). The public release of this report is crucial for historical transparency and accountability, especially for those affected by the events of January 6, 2021.

7. Concluding Thoughts on Biden’s Judicial Legacy

As the podcast wraps up, the hosts underscore the lasting impact of Biden’s judicial appointments. The emphasis on diversity and the sheer number of lifetime appointments position Biden to influence the judiciary's landscape profoundly. While the ideological balance remains relatively stable compared to Trump's conservative shift, Biden’s focus on lower courts ensures that a wide array of legal issues will be addressed through a more diverse and representative judiciary.

Tamara Keith concludes, “President Biden... was very focused on working with Democrats in the Senate who were able to maintain control of the Senate, which allowed him the ability to get this many” (06:20). This collaborative effort between the White House and Senate Democrats highlights the strategic planning behind Biden’s judicial appointments, aiming for a balanced and inclusive federal bench.

Timestamps:

• [01:23] Carrie Johnson on number of judicial appointments
• [01:58] Comparison between Biden and Trump's judicial appointments
• [02:26] Tamara Keith on McConnell's role
• [02:56] Tamara Keith on total judiciary makeup
• [03:16] Carrie Johnson on diversity in appointments
• [04:31] Tamara Keith on the benefits of diversity
• [07:23] Discussion on ideological makeup
• [07:50] Carrie Johnson on the importance of lower courts
• [09:16] Carrie Johnson on judges' strategic retirements
• [10:18] Tamara Keith on future judicial influences
• [12:13] Carrie Johnson on Special Counsel's report
• [14:29] Importance of releasing the Special Counsel's report
• [06:20] Tamara Keith on Biden's collaboration with Senate Democrats

This comprehensive examination provides listeners with a nuanced understanding of President Biden’s influence on the federal judiciary, the strategic maneuvers across administrations, and the ongoing legal narratives shaping the United States' political landscape.