WASHINGTON – On Dec 23, President Joe Biden vetoed the Judges Act, a bipartisan bill that sought to add 66 new judgeships to understaffed federal courts across the United States. The legislation would have marked the first significant expansion of the judiciary since 1990.
The Bill proposed increasing the number of trial court judges in 25 federal district courts across 13 states, including California, Florida, and Texas, over six staggered phases through 2035. It passed the Republican-led House on Dec 12 with a 236-173 vote, after receiving unanimous approval from the Democratic-led Senate in August.
In a veto message to the Senate, Biden criticized the Bill as “hasty” and questioned the necessity and allocation of the proposed judgeships. Republican Senator Todd Young, the Bill’s sponsor, called the veto “partisan politics at its worst.”
Bipartisan Support Shattered by Timing Dispute
Initially backed by lawmakers from both parties and endorsed by hundreds of sitting judges, the Bill aimed to address a federal judiciary strained by caseloads that have grown over 30% since the last comprehensive expansion. Its phased implementation was designed to limit partisan concerns over judicial appointments.
However, the legislation stalled in the House until after Republican President-elect Donald Trump’s Nov 5 victory. Democrats accused Republicans of breaking a central promise of the Bill by scheduling the vote after the election, ensuring Trump could appoint the first wave of judges.
Had the Bill passed, Trump would have gained the opportunity to fill 25 judgeships—22 permanent and three temporary—on top of his anticipated 100-plus judicial appointments, further shaping a judiciary where he already appointed 234 judges during his first term, including three Supreme Court justices.
Biden, who has made 235 judicial appointments during his presidency, including one Supreme Court justice, rejected accusations of partisanship, asserting the need for a more comprehensive review of the federal judiciary’s needs.