Nominations Sent to the Senate

Published: Tue 15th Jul 25

President Biden announced three judicial nominations to the Senate: Joshua Dunlap for the First Circuit Court of Appeals, William Mercer for the District of Montana, and Eric Tung for the Ninth Circuit Court of Appeals.

These nominations fill vacancies created by retirements and aim to maintain the efficient functioning of the federal judiciary.

Arguments For

  • Qualifications of Nominees: The President likely nominated individuals with strong legal backgrounds, experience, and judicial temperament, based on their perceived suitability for the positions.

  • Filling Judicial Vacancies: Nominating and confirming judges is crucial to maintaining the functionality and capacity of the federal judiciary and ensuring timely case resolution.

  • Diversity on the Bench: Depending on the nominees' backgrounds, the appointments could promote diversity in terms of gender, race, ethnicity, or legal experience on the federal bench.

  • Constitutional Authority: The President has the constitutional authority to nominate judges, subject to Senate confirmation, as enshrined in Article II, Section 2 of the US Constitution.

Arguments Against

  • Ideological Considerations: The selection of nominees might reflect the President's political ideology, potentially impacting judicial decisions for years to come. Critics might argue the nominated judges may not reflect a sufficient range of viewpoints.

  • Confirmation Process: The Senate confirmation process can be lengthy, contentious, and politicized, leading to delays in filling judicial vacancies – potentially impacting the efficiency of the court system.

  • Lack of Transparency: The selection criteria for judicial nominees may lack transparency, hindering any public scrutiny of the process and potentially marginalizing the perspective of marginalized community members.

  • Potential for Judicial Activism: Concerns might emerge regarding the nominees' potential for judicial activism, exceeding the scope of their judicial role, should the nominees hold highly partisan views or lack judicial restraint.

Joshua D. Dunlap, of Maine, to be United States Circuit Judge for the First Circuit, vice William J. Kayatta, Jr., retired.

William W. Mercer, of Montana, to be United States District Judge for the District of Montana, vice Dana L. Christensen, retiring.

Eric Chunyee Tung, of California, to be United States Circuit Judge for the Ninth Circuit, vice Sandra Segal Ikuta, retiring. The post Nominations Sent to the Senate appeared first on The White House.