Friday, December 20

JUDICIARY

JUDGES act heads to Biden’s desk. Will he sign it?

Before November, there was no question as to whether President Joe Biden would sign the JUDGES act, which would create dozens of new federal judgeships, if it arrived at his desk.

But now that President-elect Donald Trump is set to take office in January, the Biden administration is reluctant to sign into law a bill that would end up creating judicial vacancies that Trump would have the authority to fill. Federal judgeships are lifetime appointments, and wield significant power in interpreting and determining the constitutionality of federal laws.

The legislation cleared both the House and the Senate, a stunning feat in this current Congress. The ball is now in Biden’s court, but he has already indicated he plans to veto the bill. Some proponents have urged Biden to pass the law, saying the bill’s importance transcends politics.

"Given the bill's bipartisan origins, its broad support among Democratic judicial appointees and its importance to Delaware, whose federal court would get two new judgeships — a 50 percent increase — I expect President Biden to reconsider his veto,” Gabe Roth of Fix the Court, a nonprofit that advocates for judicial reform, said in a statement sent to Democracy Docket. “I doubt he'd want increased backlogs and reduced courtroom access to be part of this judicial legacy.” Read more on the JUDGES act here.

STATE SUPREME COURT

What to know about next year’s state Supreme Court races

This year’s state Supreme Court races were as expensive as they were politically charged. Next year, the stakes could be even higher with both parties eyeing ideological control of the courts.

In 2025, judges in Wisconsin, Louisiana and Pennsylvania will vie for a seat on the state’s high courts, which play a substantial role in shaping public policy statewide. In Pennsylvania and Wisconsin, which are among the eight U.S. states that hold partisan judicial elections, the courts’ liberal majorities could be at stake next year.

In Wisconsin, Dane County Circuit Court Judge Susan Crawford, a liberal judge seeking to replace retiring Justice Ann Walsh Bradley, will run against county Judge Brad Schimel. If Crawford succeeds, she’d maintain Democratic control of the court. A Schimel victory would flip the court to conservative control.

In Pennsylvania, three of the court’s four Democratic justices — Christine Donohue, David Wecht and Kevin Dougherty — will face a retention election since their 10-year terms expire in 2026. This means that if they decide to seek another term, they’ll run in a nonpartisan race.

Louisiana is holding a special partisan election to replace a justice who stepped down in August. A primary is set for March 29. Read more on next year’s judicial races.

NORTH CAROLINA

A 3rd vote count confirmed Justice Riggs’ win. Now what?

After three vote counts in North Carolina, including two recounts requested by GOP Supreme Court candidate Jefferson Griffin, the North Carolina State Board of Elections confirmed that incumbent Justice Allison Riggs (D) defeated Griffin by a few hundred votes.

So why isn’t Riggs the official winner? Simply put, the race isn’t over. Griffin’s legal bid to get roughly 60,000 votes tossed is still pending. After the election board rejected Griffin’s protests last week, he filed a legal action asking the state Supreme Court to block the board from counting the challenged votes, and to pause the board’s certification of the election. Read more on Griffin’s request here.

The board can’t certify as long as the case continues. “Certificates of election cannot be issued until all of the protests are resolved,” board spokesman Patrick Gannon told conservative news outlet The Center Square. On Thursday, the case was moved to the federal District Court for the Eastern District of North Carolina, upon the board’s request.

Riggs recused herself from the supreme court case, her campaign said Thursday.

Griffin’s attempt to contest his apparent loss in court is raising alarm among pro-voting advocates in the Tar Heel State. According to The Hill, North Carolina Democratic Party Chair Anderson Clayton expressed concern last week that the case could reach the state’s majority-conservative Supreme Court, which could overturn the results.

Meanwhile, Riggs has repeatedly declared victory after the initial count, a machine recount and a third partial hand recount confirmed her lead over Griffin. Read more on the race here.

OPINION

Donald Trump Tamed the Media. Some Even Paid for the Privilege.

When Trump was honored recently at the New York Stock Exchange after being named Time Magazine’s Person of the Year, he made some telling remarks about his relationship with the media. The media is tamed down a little bit. They like us much better now, I think. If they don’t, then we’ll just have to take them on again, and we don’t want to do that.

But the legacy media “is not just tamed,” Marc writes in this week’s column. “Some of its most prominent participants act like obedient puppies.” Read more here.

What We’re Doing

Cookie Man, News Editor Sally Holtgrieve’s resident Elf on the Shelf, shares a surprising amount of political views with Holtgrieve. Here he is inspired by Marc’s piece. Like Cookie Man’s shirt?* Don’t wait for him to pass that on to Santa, just order your own now.

*Available in XS-3XL, elf sizes require magic.