The House passed a bipartisan bill on Thursday that would add 66 federal judgeships in multiple states, though President Joe Biden has vowed to veto the legislation.
The bill, the JUDGES Act, would add additional positions over the next decade in high-volume places such as California and Texas. Democrats were split on the bill, with 29 joining almost all Republicans to vote in favor of passage.
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The JUDGES Act was already passed by the Democratic-controlled Senate in August, but Biden announced earlier this week that he would oppose the bill, citing concerns over the timing of and motivations for the legislation following President-elect Donald Trump’s victory.
Many Democrats who had originally backed the legislation began slowly withdrawing their support this week. Rep. Jerry Nadler (D-NY) criticized Republicans for waiting until after the election, stating, “Donald Trump has made clear he intends to expand presidential power, and this bill hands him another tool to do so.”
However, many Republicans called the bill the “right thing to do” and said several of the judges would be appointed in states led with Democratic senators. The legislation had the support of GOP leadership, as well, with Speaker Mike Johnson (R-LA) saying the need for judges is dire due to the nearly 750,000 pending cases in federal courts.
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Were the legislation to become law, it would automatically give Trump 11 more judgeship slots to fill in 2025 and 11 in 2027. The president-elect successfully confirmed 234 federal judges during his first term, and Biden is approaching that total, at 233 as of Tuesday.
If Biden does veto, it will likely be difficult to get the two-thirds majority needed to override the veto. But Republicans like Rep. Chip Roy (R-TX) are confident the bill can be revived next year when there is a GOP trifecta.