Now that Democrats have retained control of the Senate, Democratic leadership said they will continue to prioritize confirming President Biden's judicial nominees over the next two years. So far, the Senate has confirmed 84 of Biden’s nominees, and 57 are still awaiting confirmation. By comparison, 67 judges were confirmed at this point in the Trump administration.

The outcome of the Georgia runoff election in December will impact how quickly Democrats can move forward with judicial confirmations. In the current 50–50 Senate, each committee has an even number of Democrats and Republicans, requiring Republican attendance and cooperation to advance nominees out of the judiciary committee. But if Sen. Raphael Warnock (D-GA) keeps his seat and Democrats have a 51–49 majority, they will be able to move judges out of committee with a majority without requiring cooperation from Republicans.

Senate Majority Leader Chuck Schumer (D-NY) said in a statement, “With two more years of a Senate Democratic majority, we will build on our historic pace of judicial confirmations and ensure the federal bench better reflects the diversity of America.”

Twenty-five states held state supreme court elections last week, and while the partisan or ideological makeup of most high courts remained the same, the results of North Carolina’s and Ohio’s races may alter the legal landscape in those states.

In North Carolina, Republican candidates Trey Allen and Judge Richard Dietz defeated Judge Lucy Inman and incumbent Justice Sam Ervin, shifting the court from a 4–3 Democratic majority to a 5–2 Republican majority. North Carolina judicial candidates used to compete in nonpartisan elections, but in 2017, the state legislature passed a law requiring partisan races. Since then, Republican candidates have won five out of six high court elections.

Republicans also swept Ohio’s partisan elections: Justice Sharon Kennedy won the race for chief justice, and Justices Pat DeWine and Pat Fischer won reelection. After Gov. Mike DeWine (R) appoints a judge to fill the vacancy created by Kennedy’s elevation to chief justice, the result will likely maintain the court’s 4–3 Republican majority. However, it may lead to different outcomes as the retiring Republican chief justice had occasionally voted with Democratic justices in key cases. This year, for the first time, party labels appeared on the ballot beside the names of supreme court candidates because of a 2021 bill passed by the legislature.

Supreme Court Justices Samuel Alito, Amy Coney Barrett, Neil Gorsuch, and Brett Kavanaugh attended a black-tie gala hosted by the Federalist Society to celebrate its 40th anniversary last Thursday. Alito and Barrett both spoke at the event, receiving standing ovations.

Former Michigan Supreme Court Chief Justice Stephen Markman introduced Alito, saying, “The Dobbs decision will be forever an indelible part of Justice Alito’s legacy . . . I don’t know of any decision, on any court, by any judge, of which that judge could be more proud of that legacy.”

Barrett also referenced the Dobbs decision in her remarks, responding to cheers from the audience by joking, “it’s really nice to have a lot of noise not made by protesters outside of my house,” referring to people protesting the overturning of abortion rights. Barrett also said she “benefitted immensely” from the group throughout her career.