How Biden's Judicial Picks Could Play Out Post-Midterms

Law360 quoted Nick Xenakis about how the midterm elections will dictate the next two years of President Joe Biden's impact on the federal bench.

One of the biggest factors in how many judicial nominations will be confirmed before the end of this year is simply the limited number of hours on the Senate floor. Nick pointed to must-pass items like the annual defense authorization and funding the government as priorities that could eat up the Senate's time.

"There's a lot that has to get possibly done in the next couple months with not a whole lot of time," Nick said. "There is a packed agenda, and I think it all comes down to floor time."

Nick, however, also said the "possibility exists" for less controversial nominees to be packaged together to expedite their approval on the floor. That hasn't been done for judicial nominees yet this Congress but is common for certain other nominations, and saves substantial floor time.

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