
Biden Vetoes Bipartisan Bill to Add 66 Federal Judgeships, Citing Allocation Concerns
Sixty-six seats left unfilled
Politics prevail
President Joe Biden has vetoed legislation that would have created 66 new federal district judgeships, marking a significant setback for what was initially a bipartisan effort to expand the federal judiciary for the first time since 1990.
The JUDGES Act would have distributed new trial court positions across 25 federal district courts in 13 states, including California, Florida, and Texas. The implementation was designed to occur in six waves every two years through 2035, spanning three presidential administrations.
In his veto statement, Biden cited concerns about the House's 'hurried action' and unresolved questions regarding judgeship allocation. '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 stated.
The legislation had initially garnered broad bipartisan support, passing unanimously in the Democratic-controlled Senate in August. However, the political landscape shifted when the Republican-led House delayed voting until after Donald Trump's election victory in November, which would have given him the opportunity to appoint the first wave of 25 judges.
Organizations representing judges and attorneys had strongly advocated for the bill, pointing to a more than 30% increase in federal caseloads since the last comprehensive judiciary expansion. These groups argued that the lack of new judgeships has led to significant delays in case resolutions and raised concerns about access to justice.
Senator Todd Young (R-Ind.), who introduced the bill, criticized the veto as 'partisan politics at its worst,' while Biden maintained that the bill would have created new judgeships in states where senators have not filled existing judicial vacancies.
The veto effectively ends the legislation's chances in the current Congress, as overriding it would require a two-thirds majority in both chambers - a threshold the House vote did not approach.