The Judges Act Would Be A Boon To Jurists, Litigants, And Trump’s Legacy

The 119th Congress has begun, and Republicans are poised to pass a series of conservative priorities in line with President-elect Trump’s agenda. Given the overwhelming number of caseloads facing the judiciary, and the subsequent inefficiency of our legal system, creating new Federal Judgeships should be lawmakers’ top priority. 

In 2023, the Judiciary requested 66 new District Court Judgeships be created to assist with its burdensome caseload. Last month, Congress listened and passed the Judges Act of 2024. This bill, which passed with bipartisan support in the House and by unanimous consent in the Senate, sought to remedy the judiciary’s issues by creating 66 new Federal District Court Judgeships to relieve overwhelmed and overworked jurists.

Unfortunately, President Biden vetoed the much-needed Judges Act a few weeks ago, purportedly because of “hurried action” from the House regarding how judgeships are allocated and how senior-status judges and magistrates affect the need for new jurists. 

President Biden’s reasoning is inopportune. Congress conducted an extensive investigation into the judiciary’s issues and allocated judgeships in a manner which does not benefit either party. Congress passed this bill in a bipartisan fashion for these reasons. President Biden likely vetoed this bill because he does not want his successor, President-elect Trump to fill those 66 new judgeships.

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While Federal District Courts are expected to maintain a large and robust docket, they are currently overwhelmed with the amount of cases on their dockets. Federal District Courts had 347,991 civil cases filed in 2024, an increase of 22% from the prior year. Moreover, pending civil cases increased by 8% — meaning these cases are stalled in the litigation process. Because there are only 677 Federal District Court judges in the United States, each District Judge has 1000 pending civil cases on their docket and 514 new civil cases filed in their court. This burdensome caseload is prolonging cases. On average it takes 8.7 months to dispose of a civil case, and only 298,371 civil cases concluded in 2024 — a 12% decline from the prior year.

District Court judges don’t only hear civil cases. Their dockets also include criminal ones. Last year, 66,053 federal criminal cases were filed. Moreover, 113,511 federal criminal cases are currently pending before a federal court. This means on average a federal judge had 100 new criminal cases filed in their court and 167 criminal cases pending on their docket. Much like the civil cases, this burdensome caseload has also led to delays as terminations of criminal cases also decreased by 2%. Judges believe these delays in civil and criminal cases erode faith in the judiciary and harm litigants. Federal District Courts are overwhelmed and need help.

President Biden erred in vetoing the Judges Act. Federal District Courts are not political entities, but neutral forums where parties resolve disputes. In fact, Federal District Courts rarely delve into the political or cultural issues consistently heard by the Supreme Court. Rather, they mainly deal with tort cases, contract disputes, and procedural issues.

Further, Federal District Courts issue non-precedential decisions, meaning their decisions do not affect any other Courts. Such actions are consistent with the Supreme Court’s belief that the proper role of the Federal Judiciary is to “say what law is.” By playing games with the District Courts, President Biden toys with the lives of litigants who are dealing with pressing civil and criminal legal issues. These issues must be solved sooner rather than later — as prolonged litigation can cost both parties thousands of dollars and, in some criminal cases, could mean life or death.

Unfortunately for President Biden, Republicans retained the House and regained the Senate. Hence, they can pass bills that align with President Trump’s agenda of fixing America. Congressional Republicans should prioritize passing the Judges Act as President-elect Trump’s administration would gain short and long-term wins if it passes. Not only would this be an easy short-term win as a bipartisan solution to a pressing problem facing our nation, it would grant President Trump future wins by empowering him to confirm more judges, something his conservative base loves. President Trump has a knack for confirming judges; in his first term, he confirmed 174 Federal District Court Judges- roughly 26% of all active Federal District Court Judges. By creating more judgeships, Congress can empower President-elect Trump to reshape our lowest courts by appointing fair-minded jurists who can expeditiously and fairly resolve cases on their dockets. 

This would be a boon to the new administration, the Federal Judiciary, litigants, and the American people. A smart Republican Congress will pass this bill and empower President-elect Trump to resolve the judiciary’s peril while building his legacy.

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Ryan Silverstein is a J.D. Candidate at Villanova University and a fellow with Villanova’s McCullen Center for Law, Religion and Public Policy. His work has appeared in Fox News, the New York Post, and RealClearPolitics.

The views expressed in this piece are those of the author and do not necessarily represent those of The Daily Wire.