Topline
Wisconsin Rep. Glenn Grothman (R) said Thursday it’s “almost impossible” for straight, white men to get appointed as federal judges now, citing the fact that, of the 97 federal judges appointed by President Biden, three were straight white men.
Glenn Grothman said Biden's federal judicial nominee process discriminates against white men.
Key Facts
Five of the 97 judges are white men, but two of those five are gay, Grothman said, citing an unnamed legal study, while speaking on the House floor.
He said Biden’s nominating techniques make it “almost impossible for white guys” who are straight to get appointed.
He spoke about the topic earlier in March, calling the statistic “a little bit scary” and said Biden was “actively discriminating against white heterosexual men.”
Forbes reached out to the Biden administration for comment.
Key Background
Biden has made it a part of his platform to intentionally nominate women and non-white judges for federal judicial positions in an effort to diversify the field. His efforts have received backlash from Republican opponents, including Sen. Mitch McConnell (R), who said on several occasions Biden was too focused on changing the demographics of federal judges and overlooking candidates’ legal qualifications. As of January 2023, 75% of Biden-appointed judges were women and 67% were people of color, according to a report by The 19th. During Donald Trump’s presidency, 16% of the federal judges he installed were non-white.
Contra
“The federal bench has for years been overwhelmingly white and male,” Maya Sen, a political scientist at Harvard Kennedy School, said in an interview with The Harvard Gazette. “Evidence shows that diverse groups of decision-makers reach better-justified decisions.” White men still make up the majority of federal judges in the U.S.—68% of the 800 judges are white and 62% are men, according to the American Constitution Society. Both of those figures are disproportionate with the general U.S. population, where 50% are men and 58% are non-Hispanic white, per the U.S. Census Bureau.
Chief Critic
In a statement to progressive organization Demand Justice, Connecticut Sen. Richard Blumenthal (D) said, "I absolutely share President Biden’s commitment to seeking a diverse federal bench – not just in terms of gender, race, ethnicity, and sexual orientation, but in professional background as well. Public defenders, civil rights and legal aid lawyers, and attorneys who have represented individual Americans in their pursuit of justice are broadly underrepresented in our national federal judiciary despite playing a critical role in our legal system. And that should change.”
Big Number
167. That’s how many federal judicial nominees the Biden administration has made so far, after it announced its 33rd round of nominees earlier in May. Biden is outpacing Trump, as he hit 100 nominees in February of his third year, while Trump, who nominated 234 judges during his tenure, hit that benchmark in May of his third year.
Further Reading
Senate Confirms President Joe Biden’s 100th Judicial Nomination—Outpacing Trump (Forbes)
Biden's judicial appointees by far the most diverse, ABA says (Reuters)
