May saw ten cases with important votes by Biden judges, including six in which Biden judges’ votes made the difference between protecting people’s rights and allowing corporations and others to prevail. These rulings concerned protecting the environment, federal employee rights, LGBTQ+ issues, state ballot referenda, and the right to counsel. They also include a unanimous Biden judge ruling upholding the criminal conviction of former Trump adviser Stephen Bannon.
Each case is summarized below, along with a link to the full People For the American Way Foundation blog entry on the decision and to the ruling itself. Links to previous People For analyses of Biden judge cases are also below. Such rulings by Biden judges demonstrate the importance to all of us of promptly nominating and confirming fair-minded judges.
The Biden White House and Senate Democrats have been working hard to rebalance the courts after four years of Senator McConnell’s brisk pace of confirming Trump judges. As of May 23, the Senate has confirmed 201 Biden judges, several more than the 196 confirmed by McConnell at this point in the Trump presidency. More work remains necessary, however, since McConnell confirmed 36 more judges at this point in 2020 through the end of the year. Updated statistics can be found here.
- Biden Judge Provides Deciding Vote in Decision Requiring Oregon to Provide Counsel to Poor People Detained Awaiting Trial
- Biden Judge Casts Deciding Vote Requiring State Attorney General to Allow Proposed Constitutional Amendment on Qualified Immunity to Go Forward
- Biden Judge Writes Unanimous Decision Ruling that Airline Pilots on Temporary Military Leave are Eligible for Pay and Benefits
- Biden Judges Stop Drilling Project in National Forest and Require Assessment of Environmental Impact
- Biden Judges Rule that Federal Employee is Entitled to Day in Court on Discrimination Claims
- Biden Judge Rules that Federal Agencies Cannot Withhold Communications from Congress under Freedom of Information Act
- Biden Judge Overturns Lower Court and Rules that Civilian Army Employee Can File Suit for Improper Firing
- Biden Judge Casts Deciding Vote to Reject Preliminary Injunction Claim that School System Must Allow Students to Opt Out of Use of LGBTQ- Friendly Books in Curriculum
- Biden Judge Writes Unanimous Opinion That Detainees Who Work Outside Prison May Be Entitled to Minimum Wage Protection
- Biden Judge Writes Unanimous Opinion Upholding Steve Bannon Conviction for Contempt of Congress
Previous People For analyses of Biden judge rulings include our September 2022 report, July 2023 report, and monthly summaries for September , October, November, and December of 2023 and for January, February March and April 2024.