The deal also clears the way for Democrats to confirm 13 judges.
The top Democrat in the U.S. Senate said late Nov. 21 that an agreement had been reached with Republicans that will give Democrats the opportunity to quickly confirm 13 judges in return for withdrawing votes on four other nominees.
Under the agreement, Democrats have promised not to move forward with four of President Joe Biden’s appellate court nominees, leaving vacancies for President-elect Donald Trump to fill once he takes office. In return, Republicans will not employ any tactics to delay the confirmation of 13 other judges.
The deal will see the Senate consider seven nominees to U.S. district courts during the week following Thanksgiving, according to a Senate Democrat leadership aide. Plus, another six district judges would be placed on the Senate executive calendar, making it possible for them to be considered on the Senate floor in December.
“The trade was four circuit nominees—all lacking the votes to get confirmed—for more than triple the number of additional judges moving forward,” a spokesperson for Senate Majority Leader Chuck Schumer (D-N.Y.) told news outlets in a statement.
The vacancies poised to be left open for Trump to fill are on the U.S. Court of Appeals for the First, Third, Fourth, and Sixth Circuits. Senate Democrats will not move forward with the nominations of Adeel Mangi, who would have become the first Muslim federal appellate judge if confirmed; Stranch Jennings & Garvey lawyer Karla Campbell; Maine Superior Court Justice Julia Lipez; and North Carolina Solicitor General Ryan Park.
The confirmation battles over circuit court judges are generally much harder fights given their role in hearing appeals from district courts and often having the last word on legal matters.
Trump has called on Senate Republicans to block Biden’s nominees. Republican senators have been denying unanimous consent on Biden’s nominees, which slows down the confirmation process, but have said they do not have enough votes to defeat most nominations.
The Senate has previously confirmed 221 of Biden’s judicial nominees. The Senate during Trump’s first term confirmed 234 of his nominees.
Trump is scheduled to be inaugurated on Jan. 20, 2025. Republicans are set to take control of the Senate two weeks prior.
A spokeswoman for Senate Majority Leader-elect John Thune (R-S.D.) and the White House press office did not respond to requests for comment.
Mangi faced opposition because of his volunteer work with the Alliance of Families for Justice and the Center for Security, Race, and Rights. Critics have highlighted how Susan Rosenberg, who was convicted of murder after two police officers were killed, also serves on the advisory board of the alliance, while the center held an event that involved a speaker who was convicted of providing support to a terrorist group.
Liberal groups in recent weeks have been pressuring Senate Democrats to do what it takes to get all of Biden’s judicial nominees confirmed before Trump takes office again. And some expressed disappointment with the deal.
“Reports that there is a deal that would leave behind critical circuit court nominees are unacceptable,” said Lena Zwarensteyn, an adviser at The Leadership Conference on Civil and Human Rights. “All of these nominees must be confirmed expeditiously before the end of the 118th Congress.”
The Associated Press contributed to this report.