Biden Vetoes Bipartisan Bill To Create New Federal Judgeships

By Stacy M. Brown
Senior National Correspondent
@StacyBrownMedia
NNPA Newswire

President Joe Biden has vetoed bipartisan legislation that would have created dozens of new federal judicial positions, citing unresolved questions about its provisions and timing. The decision, made in the final weeks of his presidency, has drawn sharp criticism from Republicans and heightened partisan tensions over judicial appointments.

The “Judicial Understaffing Delays Getting Emergencies Solved Act of 2024” (JUDGES Act) proposed adding 66 federal judgeships over the following three presidential terms. Biden rejected the bill, stating it lacked clarity and failed to address how judicial needs and caseloads should be assessed adequately.

“I am returning herewith without my approval S. 4199,” Biden wrote in his veto message to Congress. “S. 4199 seeks to hastily add judgeships with just a few weeks left in the 118th Congress. The House of Representatives’ hurried action fails to resolve key questions in the legislation, especially regarding how the new judgeships are allocated.

Neither the House of Representatives nor the Senate explored fully how the work of senior status judges and magistrate judges affects the need for new judgeships.”

Biden also criticized the bill for disproportionately benefiting states where judicial vacancies have been intentionally left open. “Those efforts to hold open vacancies suggest that concerns about judicial economy and caseload are not the true motivating force behind passage of this bill now,” he added.

The bill passed unanimously in the Senate, but faced significant resistance in the House, where it passed earlier this month on a largely party-line vote. Republicans, led by Sen. Todd Young (R-Ind.), the bill’s sponsor, have argued that the legislation addresses longstanding shortages in the federal judiciary.

“Issuing this veto is partisan politics at its worst,” Young said in a statement. “The president has chosen to prioritize his party’s agenda over the urgent need to address judicial understaffing.”

Democrats accused Republicans of delaying the passage of the legislation until after President-elect Donald Trump’s election victory, calling it a strategic move to give Trump greater influence over the judiciary. Many Democrats have been working to limit Trump’s opportunities to appoint additional judges, citing concerns about his administration’s efforts to reshape the federal courts.

“The efficient and effective administration of justice requires that these questions about need and allocation be further studied and answered before we create permanent judgeships for life-tenured judges,” Biden wrote in his message to Congress.