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The Courts Are Flipping Under Biden

Updated: May 17

Judgeships are the last remaining piece for a complete Communist takeover

Joe Biden is on track to appoint more judges to the federal bench than President Trump had at this point of their respective terms.

Biden recently announced his latest (47th) batch of judicial federal nominees, bringing the number to 229. This is just 10 fewer nominees than Trump had at this point in his presidency; this according to a Heritage Foundation judicial appointment tracker.

The Deep State has established what amounts to an almost impregnable wall of authoritarian control with agents embedded in every bureaucracy and agency in Washington, DC. The only hold out has been the federal court system, especially the US Supreme Court.

Trump's 2016 defeat of Hilary Clinton, however, prevented the total takeover of the federal courts by the Deep State forces and actually reversed some of the gains made in the Obama-Biden years (2008-2016).

But, Biden and his Democratic-controlled Congress are re-capturing much of the ground gained by Trump, and are near the point of totally erasing conservative gains made under Trump. If Biden were to secure another victory (by whatever means) the ensuing four years would be like Trump had never won, in terms of judicial appointments.

The math would just not be there, with Obama having appointed judges over eight years (2008-2016), Trump a mere four years (2016-2020), and then Biden for eight years (2020-2028). The final count would be 16 years of judicial appointments by Communist-minded administrations compared to a mere four by Constitutionalists – a 4:1 ratio.

And, moreover – it is highly unlikely that a future Biden administration would not have the opportunity to appoint one, if not more, justices to the nation's highest court, and if that were to happen in combination with stacking the lower courts – all hope would be lost.

Think of his first Supreme Court nominee, Ketanji Brown Jackson, who claimed she could not define what a woman is when asked in her Senate confirmation hearings. The Communists play for keeps – and this would be the end.

Given Biden’s hard turn to the Left, despite early promises to unite the country, this is of pressing concern to many Americans, particularly conservatives and Constitutionalists.

What's at stake in the numbers is the difference between the preservation and continuation of a Constitutional Republic or the further advancement of an administratively-run state with ever increasing powers, infringing on even God-given unalienable rights.

The former holds that "all men are created equal, that they are endowed by their Creator with certain unalienable Rights"; the latter promises an all-powerful central government, devoid of checks and balances, that decides which rights are administered and which are taken away.

With this in mind many are looking closely at Biden's newest nominees. They include one individual to a federal circuit court, four individuals to federal district courts and two to the District of Columbia Superior Court.

The Big "D"

According to the White House, the nominees are all “extraordinarily qualified, experienced, and devoted to the rule of law and our Constitution.” In addition, they "fulfill the President’s promise to ensure that the nation’s courts reflect the diversity that is one of our greatest assets as a country."

Biden's nomination for the 6th U.S. Circuit Court of Appeals is Kevin G. Ritz, who has served as the U.S. Attorney for the Western District of Tennessee since 2022. He received his J.D. from the University of Virginia School of Law in 2004 and his M.S. from the Georgetown University School of Foreign Service in 1999.

U.S. Senator Marsha Blackburn (R-Tenn.), member of the Senate Judiciary Committee, quickly blasted the nomination of Ritz, saying the White House breached a "longstanding, bipartisan tradition" to consult with "home-state senators to ensure the nominee is well-suited to serve on a federal bench."


"Senator [Bill] Hagerty and I were assured that there was no backroom deal in advance of the search, but the White House mysteriously abandoned their superficial deliberations with my office and today announced their nomination of Mr. Ritz ... [We] attempted to work in good faith with the administration to identify highly qualified nominees to fill this vacancy but, unfortunately, the White House had other plans."

"I will not take part in this administration’s partisan crusade and will therefore oppose Mr. Ritz’s nomination,” Blackburn retorted.

The four candidates to serve as trial court judges in four states include the following:

— Brian E. Murphy, nominee for the U.S. District Court for the District of Massachusetts

One of Murphy's aficionados said, "What I think he brings is a real understanding of what it means to represent people from marginalized communities, communities that have been underserved."

"The ability to take that experience and the lived experience that his clients have and bring that to the bench is really going to fill a hole that is missing on all of the benches, federal and state."

—Judge Rebecca L. Pennell, nominee for the U.S. District Court for the Eastern District of Washington, is known for civil justice work and has helped establish re-entry drug court programs in Yakima and the Tri-Cities.

—Detra Shaw-Wilder, nominee for the U.S. States District Court for the Southern District of Florida

Florida Congresswoman Frederica S. Wilson, who has been pushing for a black woman to succeed U.S. District Court Judge Marcia Cooke [in the southern district of Florida], who died in January 2023. Wilson has maintained "it was Cooke’s dying wish that another black woman would follow in her footsteps."

—Jeannette Vargas, nominee for the U.S. District Court for the Southern District of New York

Vargas' nomination came with high praise from Democrat Kirsten Gillibrand (D-NY):

“With more than two decades of service in the U.S. Attorney’s Office for the Southern District of New York, Ms. Vargas is an expert in complex civil litigation, handling cases ranging from significant financial fraud investigations to Chapter 11 proceedings, and also has a distinguished record of working to protect and strengthen the civil rights of the LGBTQ community."

Judge Rahkel Bouchet and John Cuong Truong are Biden's nominees for the District of Columbia Superior Court.

Number crunching

Writing for the Daily Signal, Fred Lucas parsed some of the Heritage Foundation's number crunching.

According to Lucas, of the 229 individuals Biden has, to-date, nominated to lower courts, 190 have been confirmed by the Senate. At the same point in his tenure, Trump had nominated 239 federal judges, of whom 193 were confirmed.

Ultimately, Trump got 234 judges confirmed in his term as president, including three successful appointments of Supreme Court justices: Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Biden nominated and won confirmation of Ketanji Brown Jackson in 2022 for justice on the high court. 

Biden vs. Trump

In the raw total of confirmed judges, Biden and Trump are essentially running neck and neck, but their criteria for choosing them are very different.

During his 2016 campaign Trump promised "to appoint judges who will adhere to the true and original meaning of our Constitution."

Biden said, "I'm going to make sure that we start by reversing the damage Donald Trump has done to the federal bench ... We have to win back the Senate ... beyond getting Donald Trump out of office."

What's at stake is summed up by Decision, an evangelical publication, existing, it says, "to communicate the Good News of Jesus Christ." It explains –

"For Biden and the left, the judicial branch is viewed as a super-legislature — another avenue to accomplish their policy goals if the democratic process 'fails.'

President Trump and conservatives have traditionally viewed the judicial branch as one that should not be influenced by political considerations, but act as a neutral guardian of constitutional principles and arbiter of disputes between legislative and executive branches."

We voters might well keep this distinction in mind, come November: choosing a presidential candidate based on who they will appoint to the ever-critical judiciary or on the appeal — or lack thereof — of his personality.

Dr. Barbara Toth has a doctorate in rhetoric and composition from Bowling Green State University. She has taught at universities in the US, China and Saudi Arabia. Her work in setting up a writing center at Princess Nourah bint Abdulrahmen University, an all-women's university in Riyadh, has been cited in American journals. Toth has published academic and non-academic articles and poems internationally.

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