This is What Happened—This is How it is Reported

 

Trump-45 Federal Judicial Appointments

    3: Supreme Court Justices

  54: Article III circuit judges

234: all Article III Justices & judges (including federal district/trial court judges)

  26: Article I specialty courts

    1: Article IV Federal Territorial Courts

261: all federal judicial appointments (Article I + Article III + Article IV courts)

 

Biden Federal Judicial Appointments* 

    1: Supreme Court Justice

  45: Article III circuit judges

235: all Article III Justices & judges (including federal district/trial court judges)

  17: Article I specialty courts

    1: Article IV Federal Territorial Courts

253: all federal judicial appointments (Article I + Article III + Article IV courts)

 

 

This is how it was reported in the news. See, e.g., Stephen Neukam, ‘Schumer and Biden eclipse McConnell and Trump on confirming judges,’ Axios (Dec. 20, 2024), <https://www.axios.com/2024/12/20/schumer-judges-biden-mcconnell-trump> (emphasis added to text) (emphasis added to title):

Senate Majority Leader Chuck Schumer (D-N.Y.) confirmed his 235th federal judge on Friday, breaking the record [of 234 appointments] set by Republicans under the first Trump administration. 

See also: Alexander Bolton, ‘Senate confirms 235th Biden judge, surpassing Trump’s record,’ The Hill (Dec. 20, 2024, 8:53 PM ET), <https://thehill.com/homenews/senate/5051917-biden-judges-trump-record/> (emphasis added);

Sahil Kapur, ‘Senate confirms Biden’s 235th judge, beating Trump’s record,’ NBC News (Dec. 21, 2024, 12:11 AM GMT), <https://www.nbcnews.com/politics/joe-biden/senate-confirms-bidens-235th-judge-beating-trumps-record-rcna182832> (emphasis added);

Nate Raymond, ‘Biden secures 235th confirmed judicial appointee, one more than Trump,’ Reuters (Dec. 21, 2024, 12:58 AM GMT), <https://www.reuters.com/world/us/biden-secures-235th-confirmed-judicial-appointee-one-more-than-trump-2024-12-21/> (emphasis added);

Tobi Raji, ‘Senate confirms 2 Biden judicial nominees, boosting total over Trump,’ Wash. Post (Dec. 20, 2024), <https://www.washingtonpost.com/politics/2024/12/20/biden-judges-trump-record/> (emphasis added);

Courtney Bublé, ‘Biden Exceeds Trump’s Record On Judges By One,’ Law360 (Dec. 20, 2024, 7:54 PM EST), <https://www.law360.com/pulse/courts/articles/2276197/biden-exceeds-trump-s-record-on-judges-by-one> (emphasis added); 

Kevin Freking (Associated Press), ‘Senate confirms 235th federal judge under Biden’s presidency, beating Trump’s first-term tally,’ PBS (Dec 20, 2024, 8:03 PM EST), <https://www.pbs.org/newshour/politics/senate-confirms-235th-judge-under-bidens-presidency-beating-trumps-first-term-tally> (emphasis added); 

Stefania Palma, ‘Joe Biden and Democrats seal judicial confirmation push to beat Donald Trump’s tally,’ Financial Times (Dec. 24, 2024), <https://www.ft.com/content/b555b44c-946d-4a44-900a-d43bb6d12754> (emphasis added); 

and, 

Martha McHardy, ‘Joe Biden Overtakes Donald Trump on Judicial Appointments,’ Newsweek (Dec. 21, 2024, Updated 9:13 AM EST), <https://www.newsweek.com/biden-judicial-appointments-senate-trump-2004575> (emphasis added). 

Trump-45 outpaced Biden: Trump-45 had more Supreme Court Justices (3-to-1), more federal circuit judges (54-to-45), more federal appellate judges (57-to-46), more Article I specialty court judges (26-to-17), and more federal judicial appointments in toto (261-to-253). 

Biden outpaced Trump in one category—“all Article III Justices & judges” (235-to-234)—and that is the lead, the news, and the only news. 

Again, Trump-45 outpaced Biden: Trump-45 had 2 more Supreme Court Justices, 9 more federal circuit judges, 11 more federal appellate judges, 9 more Article I specialty court judges, and 8 more federal judicial appointments in toto.

Biden outpaced Trump in one category—Biden had 1! more Article III judicial appointment—and that is the lead, the news, and the only news. 

Makes complete sense.

Seth

*After December 20, 2024 final adjournment of the Senate.

 

Seth Barrett Tillman, ‘This is What Happened—This is How it is Reported,’ New Reform Club (Dec. 23, 2:14 AM), <https://reformclub.blogspot.com/2024/12/this-is-what-happenedthis-is-how-it-is.html>;

See also Seth Barrett Tillman, ‘Senate Confirms 23 BIDEN-nominated Judges Since the Election (UPDATED),’ New Reform Club (Nov. 7, 2024, 6:56 AM, UPDATED Dec. 23, 2024), <https://reformclub.blogspot.com/2024/11/trump-45-v-biden-federal-judicial.html>; Seth Barrett Tillman, ‘Trump-47 and the Future of the Federal Judiciary (UPDATED),’ New Reform Club (Dec. 7, 2024, 3:09 PM, UPDATED Dec. 23, 2024), <https://reformclub.blogspot.com/2024/12/trump-47-and-future-of-federal-judiciary.html>;

Fair & Balanced: David Lat, ‘Biden Leaves Office With Mixed Legacy for the Federal Courts (1),’ Bloomberg Law (Dec. 18, 2024, 9:30 AM GMT), <https://news.bloomberglaw.com/us-law-week/biden-leaves-office-with-a-mixed-legacy-for-the-federal-courts>;

 

Fair & Balanced: Carl Hulse, ‘In Late Push, Senate Democrats Narrowly Top Trump on Judicial Confirmations,’ New York Times (Dec. 20, 2024, 23:25 EST) A18, <https://www.nytimes.com/2024/12/20/us/politics/senate-democrats-judges-biden.html>;