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President Biden on Monday vetoed a bill that would have added 66 federal district judges over a period of more than a decade, a previously bipartisan effort designed so that no political party would have an advantage in shaping the federal judiciary.
Three presidential administrations, starting with the starter Trump administration, and six Congresses would have had the opportunity to appoint the new judges of first instance, according to the legislation, which had the support of representative organizations of judges and lawyers.
Despite the organizations’ arguments that the additional judges would help cases that have seen severe resolution delays and ease concerns about access to justice, the White House said Biden would veto the bill.
In a statement, Biden said he made his decision because the House’s “rushed action” left open questions about the charges “for life.”
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“The House’s hasty action does not resolve key issues in the legislation, particularly regarding how new judicial positions are assigned, and neither the House nor the Senate fully explored how the judges’ work of high rank and of the magistrates affects the need for new judges”, Biden said.
“The efficient and effective administration of justice requires that these questions of need and allocation be further studied and answered before creating permanent judgeships for perpetuity judges,” Biden added.
He said the bill would also have created new judicial positions in states where senators have not filled existing judicial vacancies and that those efforts “suggest that concerns about judicial economy and caseload are not the real driving force of passing this bill now.”
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When Biden’s plan to veto the legislation emerged earlier this month, his John Kennedy, R-La., told “America’s Newsroom” that the act is “the last spasm of a lame duck.”
“President Biden and his team don’t want to allow it to become law simply because a Republican administration might appoint some of the judges.” Kennedy said.
“I wish they would put the country first,” the senator added.
The legislation passed unanimously in August under the Democratic-controlled Senate, although the Republican-led House introduced the measure only after Donald Trump was re-elected president in November, creating an air of political gamesmanship.
Biden’s veto essentially sidesteps the legislation current congress
Overriding Biden’s veto would require a two-thirds majority in both the House and Senate, and the House vote fell well short of that margin.
The Associated Press contributed to this report.