Critical Analysis

1. According to the chart above, what percent of Biden’s judicial nominees had been approved as of September 2, 2021?

2. According to the chart above, at the same point in time in his administration, what percent of Obama’s judicial nominees had been approved?

3. How does the Biden rate of judicial nomination success compare to recent presidents?

4. What do you think best explains Biden’s relative judicial nomination success?

5. Describe one impact of Biden’s judicial nomination success.

6. According to the chart above how many presidents also controlled the majority party of the Senate and how much does party control of the Senate seem to impact the passage of judicial nominations?

7. How does the chart above illustrate the concept of checks and balances?

8. The tradition of Senatorial Courtesy allows senators who represent the state of a judicial nomination almost total discretion of approving or blocking that judicial nomination. All of Biden’s judicial nominees have been in states with no Republican senators (or no senators at all—for example, Washington, D.C.). Why do you think Biden is only nominating judges in states represented by Democratic Senators?

9. Imagine that there was a Supreme Court vacancy during this early portion of Biden’s term. Based on the chart below and your knowledge of American politics, would Biden likely have his nomination to the SCOTUS approved?

10. As we saw in a recent class starter and in the data below, Biden has been very slow and unsuccessful at getting members of his executive branch approved by the Senate. Why do you think there is such a difference in executive branch and judicial branch nomination approvals?

Learning Extension

Read the Brookings Report on Biden’s success with judicial appointments.

Action Extension

Contact the White House and let them know what you think about their judicial nomination strategy.

Visual Extension*