Democrats See a Chance to Beat Trump on Judicial Confirmations

They hope to use the time after the election to approve judges, but Senator Durbin says their aggressive efforts have already produced a remarkable demographic shift on the federal courts.

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Congressional members left Washington this week until after the general election on Nov. 5.

With the 213th federal judge of the Biden era confirmed by the Senate this week, Democrats are now hoping to take advantage of a post-election lame duck session to finish putting their own stamp on the judiciary and match the number of judges appointed during the Trump administration.

As they left town until after the election, top Democrats said they intended to pursue as many confirmations as possible in November and December. It’s part of an effort to rebalance the federal courts after former President Donald J. Trump was able to name 234 mainly conservative judges to the federal bench.

But the results of the Nov. 5 election and the willingness of Democrats to dedicate themselves to confirming judges could determine how aggressive they will be in an effort that could require the Senate to spend weekends approving nominees over Republican opposition.

“That may mean some long sessions,” warned Senator Richard J. Durbin, the Illinois Democrat who leads the Judiciary Committee and has overseen the Democratic judicial drive.

Even without a lame-duck push, Mr. Durbin and his fellow Democrats believe they have accomplished what Mr. Durbin described as a “political miracle” considering the Senate operated for two years under President Biden with a 50-50 margin and the final two years at 51-49 with prolonged absences by some.

“I didn’t think we’d ever get to these numbers but we were determined to do so,” Mr. Durbin said in an interview, noting that Senate Democrats had turned over 25 percent of the federal judiciary. “The White House was very cooperative, producing good nominees. And I just have to salute the committee. This is a tough assignment.”

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