After Trump, Democrats set out on a mission to 'repair the courts' There are already about four dozen vacancies on federal district courts and a handful on circuit courts. That number will undoubtedly grow when more judges retire and if Attorney General nominee Merrick Garland is confirmed, forcing him to vacate his District of Columbia Circuit seat. “We have many vacancies we’d like to fill. We want to do it in an orderly, sensible way,” incoming Senate Judiciary Chairman Dick Durbin, D-Ill., told NBC News. Even though the Senate is split 50-50, under the power-sharing agreement leaders are likely to approve, if all the Democrats stick together, they can approve judges without any Republican support. With Democrats focused on confirming Biden’s Cabinet and advancing his Covid-19 relief package, some people involved in the judicial process say they expect the first batch of judicial nominations to land in the spring. White House counsel Dana Remus told senators in a recent letter to recommend candidates for district court vacancies within 45 days of a vacancy, so they can “expeditiously” be considered. “With respect to U.S. District Court positions, we are particularly focused on nominating individuals whose legal experiences have been historically underrepresented on the federal bench, including those who are public defenders, civil rights and legal aid attorneys, and those who represent Americans in every walk of life,” Remus wrote in the letter, which was obtained by NBC News. That means fewer prosecutors and “big corporate lawyers,” who Whitehouse said tend to have a “high-speed lane” to the judiciary. He said plaintiff’s lawyers will get pushback from groups like the Chamber of Commerce but praised Biden for seeking “professional diversity” along with demographic diversity. The Remus letter "really did light a fire" under the Senate, the Democratic aide said, adding that regular conversations are occurring between senators and the White House. Republicans, aided by a well-funded network of conservative groups, expect to fight the Democratic effort to shape the judiciary. Iowa Sen. Chuck Grassley is poised to become ranking member of the Judiciary Committee, serving as the party's first line of defense against Biden's nominees. But the GOP will have to pick its battles.
