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SResearch Service
President Biden's U.S. Circuit Court
Nominees (as of August 31, 2021): Overview
and Comparative Analysis
September 16, 2021
This Insight provides, as of August 31, 2021, demographic and other background information related to
President Biden's U.S. circuit court nominees. It also provides comparative historical data for the U.S.
circuit court nominees of his three immediate predecessors (Presidents Trump, Obama, and George W.
Bush).
A circuit court determines whether or not the law was applied correctly by a trial court or by a federal
administrative agency. A President's nominees to U.S. circuit court vacancies have often been of
particular interest to the Senate given that circuit courts are often the first and final level of appeal for
many cases heard in the federal judicial system (barring a relatively rare decision by the U.S. Supreme
Court to accept an appeal to review a decision by a circuit court).
Nomination Opportunities
Each of the Presidents included in the analysis inherited U.S. circuit court vacancies that existed prior
to him assuming office on January 20. Such vacancies also continued to occur after his term in office
began. Consequently, each President had opportunities to submit circuit court nominations to the Senate
during the first year of his presidency. At least a couple of months typically have passed between the start
of a new presidency and when a President submits his first circuit court nomination to the Senate.
President Biden's Circuit Court Nominations
As of August 31, 2021, President Biden has nominated a total of 10 circuit court nominees (4 of whom
were also confirmed by the Senate prior to August 31). Of the 10 nominees, 8 (80%) are women.
Additionally, 7 (70%) of the 10 are nonwhite nominees (see the note accompanying Figure 1 for further
information). One of President Biden's nominees, if confirmed, would also be the first openly LGBT
woman appointed to a federal circuit court.
President Biden has emphasized his desire to nominate individuals to federal judgeships who have
professional experience as public defenders or certain other types of professional experiences that have
Congressional Research Service
https://crsreports. congress.gov
IN11753
CRS INSIGHT
Prepared for Members and
Committees of Congress

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