The Senate Judiciary Committee has advanced S.4199, a bill that would create 63 new authorized judgeships for the federal district courts. Thirty-one new judgeships would be created effective January 2025, with the rest going into effect in 2029. If it passes the full Senate and the House, it would represent the first comprehensive judgeship legislation since 1990.
This is a big deal. The Judicial Conference of the United States has warned about the mismatch between judicial resources and the federal courts’ growing docket for years, and just last year recommended 66 new district judgeships to keep up with demand. In the past, similar requests have been ignored, often because neither political party was willing to give the other the chance to fill a large number of judicial vacancies.
Our present political divide, however, seems to have provided a unique opportunity. With both parties confident that they will win the Presidency in 2025, it seems a reasonable gamble to authorize the judgeships now. And indeed, the bill passed the Judiciary Committee with bipartisan support. We’ll see if it maintains traction going forward.
The Interdependent Third Branch 