The House passed legislation, largely along party lines, to expand the federal judiciary by more than 60 seats despite a veto threat from the Biden White House.
The bill — co-authored by Biden ally Sen. Chris Coons (D-Del.) — passed the Senate unanimously earlier this year. But Democrats have cried foul about the House taking it up post-election, once it became clear President-elect Donald Trump would have the first opportunity to fill some of the newly created positions.
“Giving [Trump] more power to appoint additional judges would be irresponsible,” said House Judiciary ranking member Jerry Nadler (D-N.Y.) at a Rules Committee hearing Monday.
House Democrats mounted an eleventh hour whip campaign against the legislation once the White House voiced its opposition on Tuesday. In the end, though, 29 Democrats supported it. The final tally was 236-173.
Under the legislation, the new seats would be rolled out over the course of three presidential administrations, in theory to offer both parties the possibility of filling some of the slots.
The Federal Judges Association and Federal Bar Association urged the White House to reconsider and sign the legislation upon House passage, writing, “the lack of new judgeships has contributed to profound delays in the resolution of cases and serious access to justice concerns.”
