Biden Appointing A New Supreme Court Justice Is Actually A Huge Win For Conservatives

With the retirement of Justice Stephen Breyer, liberals are happy that Joe Biden gets to nominate a new justice to the Supreme Court.

However, there is one critical detail that is devastating for Democrats.

As a result of a long confirmation process required for Biden’s nominee, this is widely expected to slow the process of confirming lower court nominees who are already awaiting hearings and final votes. This means Breyer’s retirement could actually shrink the Democrat’s overall judicial footprint.

This inconvenient fact could result in a net-negative for Biden’s judicial legacy, the Free Beacon reports.

There are currently 25 Biden nominees awaiting appearances before the Senate Judiciary Committee.

This includes 4 to the federal appeals courts and 21 for federal trial courts.

Mike Davis, a former nominations chief for Republican Senator Chuck Grassley of Iowa, explained, “Supreme Court confirmations generally take about two months, sometimes faster, from nomination to confirmation.”

“And the lower court nominations generally get put on the back-burner and all eyes—and resources—focus on the Supreme Court nominee,” he added.

Democrat Senator Dick Durbin, who serves as the Senate Judiciary Committee chairman, said the timeline for confirming Biden’s nominee will depend on the committee’s familiarity with the nominee.

“That nominee and the background of the nominee—in terms of whether they’ve been before the committee, how recently they were there, and how much information we can bring together quickly—will decide the timeline,” he said on ABC’s This Week with George Stephanopoulos.

More from Free Beacon:

Senate Democrats confirmed more than 40 Biden nominees in 2021, but that lively pace will grind to a halt once the Senate Judiciary Committee turns its attention to the president’s Supreme Court pick. And with Republicans favored to take control of the Senate in November, time is running out for Biden to stack the courts with a new generation of young, ideological progressives.

A prompt and orderly confirmation will provide a badly needed boost for Biden, whose approval is slipping with Democratic voters, according to recent polling. Given the stakes of the Supreme Court nomination, lawmakers and staff on the Judiciary Committee will concentrate on the nominee at the exclusion of almost all other panel business. They’ll collect and review the candidate’s entire paper trail in excruciating detail, stretching back to law school and their earliest days in practice. For example, Justice Brett Kavanaugh’s nomination meant the committee needed to review a decade’s worth of judicial opinions and tens of thousands of emails and documents Kavanaugh produced as a government lawyer.

The scale of Kavanaugh’s record was a strike against picking him—Senate Minority Leader Mitch McConnell (R., Ky.), who was then serving as majority leader, warned former president Donald Trump that Kavanaugh’s nomination would take too much time and stall other nominees.

Once production and review is completed, the confirmation hearing itself runs about a week, with lengthy question-and-answer periods for each lawmaker and supplemental testimony from advocacy groups and subject-matter experts.