Biden Appoints 40 Black Women as Federal Judges, Breaking Record

In the final days of his presidency, Biden has made good on a campaign promise to diversify the federal judiciary, by appointing a record-breaking 40 Black women as judges. All together, Biden has appointed 63 Black judges.

As he approaches his final weeks in the Oval Office, political pundits are offering appraisals of his presidency’s impact on the Black community.

The Biden administration’s efforts to expand funding for historically Black colleges and universities, bolster gun violence intervention programs, and create the first-ever executive orders promoting equity and racial justice stand as examples of policies during a presidency that historians, analysts, and political scientists say was nothing if not consequential.

His Black judicial appointments, experts say, are also important because they may play a crucial role in serving as a judicial check on the second presidency of Trump, who has vowed to dismantle government agencies such as the Justice Department’s Civil Rights Division — a move that is likely to face a stiff legal challenge.

Having the Black woman’s experience on the federal bench is “extremely important” because “there is a different kind of voice that can come from the Black female from the bench,” said Delores Jones-Brown, a professor emeritus at the John Jay College of Criminal Justice in New York who studies judicial appointments.

Lena Zwarensteyn, who studies legal issues at the Leadership Conference on Civil and Humans Rights, said the move also signals a very specific ideological intent on the part of the president. Biden populated the bench with Black judges who may often be on the front lines of weighing some of the most significant issues facing the Black community, including health care access, equity in education, fair hiring practices, abortion, and voting rights.

“Those very district court judges are usually the first ones to hear cases, and they hear many, many, many more than our circuit courts,” added Zwarensteyn, whose group is a coalition of roughly 240 national civil and human rights groups. “Those decisions are often, at times, the very final decisions because very few cases actually get heard by the U.S. Supreme Court.”

Biden’s appointments largely deliver on a pledge made during his presidential campaign to promote equity in the judicial system by diversifying the bench. The appointments come in addition to Biden’s most high-profile-judicial nominee, Justice Ketanji Brown Jackson, the first Black woman ever appointed to the Supreme Court.

“Even if it means going against their colleagues”

Before Biden’s appointments, only eight Black women had ever served at the appellate court level of the federal judiciary, according to data compiled by Zwarensteyn’s group. The only other president who comes close to the pace of Biden’s appointment of Black judges was Carter at 37, but that included only seven Black women.

Out of the 234 lifetime judicial appointments during Donald Trump’s first term, only two were Black women. Seven of those judges were Black men.

“It’s astonishing,” Zwarensteyn said of the makeup of Trump’s appointments.

So far, Biden has made over 230 lifetime judicial appointments as of Dec. 9 when Tiffany Johnson was confirmed as the 40th Black woman judge, said Patrick McNeil, a spokesman for the Leadership Conference on Civil and Human Rights.

Holding a lifetime appointment could empower a judge to issue rulings without fear that they may suffer political consequences, such as losing their seats on the bench, because of their decisions.

Jones-Brown said she was pleasantly surprised by the number of Black women who have received lifetime appointments. She said she expects those judges, in particular, to embrace the challenges that the next president’s term might bring.

“I think many of the Black women will understand that their role is to provide justice in places where it has not been,” Jones-Brown told Capital B. “Even if it means going against their colleagues, even interpreting the law in a way that others may not.”

Through their rulings, Jones-Brown said, those women judges can draw on their lived experiences to play a vital role in promoting fairness, particularly in cases on the bench that concern issues of race or gender.

And they provide “a sort of different kind of cultural presence that” Black women have, she said.

The cultural presence means that some judges are entering federal jurisdictions where few, if any, people of color have served on the bench before.

“There are still courts in the Southern states that still don’t look like … the people they serve because Republican senators have blocked all kinds of diverse nominees, or any nominee from the Democratic president,” said Carolyn Leary Bobb, vice president of communications for Alliance for Justice, a progressive group that advocates for judicial diversity.

Nancy G. Abudu, a Biden appointee who was confirmed by the U.S. Senate in May 2023, is the first Black woman to serve on the U.S. Court of Appeals for the 11th Circuit, which is based in Atlanta and considers cases in Florida, Alabama, and Georgia.