Two Biden judicial nominees withdraw instead of waiting for vote

May 31, 2023
Jen Krausz

Two President Joe Biden judicial nominees have withdrawn themselves from consideration this week while they waited for a vote, but even with these withdrawals, Biden's judicial confirmations are outpacing former President Donald Trump's for the same time period.

Jabari Wamble withdrew from his nomination to the U.S. District Court in Kansas, after Biden had tried and failed to get him on the 10th Circuit Court of Appeals.

Wamble was not expected to get a high rating from the American Bar Association after working in the U.S. Attorney's office in Kansas for 10 years.

A letter from Wamble that was obtained by several news outlets said that he wanted to continue working in the U.S. Attorney's office in Kansas.

Two withdrawals in the same week

Additionally, Michael Delaney withdrew his nomination to the 1st Circuit Court of Appeals in the same week.

Delaney had been criticized for legally representing a school in New Hampshire that was sued over sexual assault allegations.

University of Richmond professor Carl Tobias told the Washington Times that withdrawals are common and don't necessarily indicate that anything is amiss with Biden's nominees.

“Nominees withdraw in every presidency for many reasons. For example, three Trump nominees resigned in his four years,” Mr. Tobias said. “Nominees in most administrations can wait long periods, because the selection process has become increasingly politicized. For some nominees, this means they may need to place their careers and lives on hold, but that did not seem true for these two nominees.”

Wamble's initial nomination was only nine months ago, and he has been working in the U.S. Attorney's office in Kansas District since that time. Delaney's nomination has been pending for 16 months.

Biden outpacing Trump

The Times noted that Trump had withdrawn four judicial nominees from consideration during his term as president.

Still, Biden has managed to seat more judges than Trump at the same point in his term.

At this point, the Senate had confirmed 2 Supreme Court justices, 41 appeals court judges and 69 district judges for Trump. For the first two years of that period, the Senate was in Republican hands.

Under Biden, one Supreme Court Justice, 34 appeals court judges and 94 district judges have been confirmed by the Democrat-led Senate.

Biden has had to deal with delays in recent months with Sen. Dianne Feinstein (D-CA) absent from the Judiciary committee, depriving the committee of a Democrat majority needed to send nominees to the full Senate. Feinstein has returned from her absence by has still missed some votes.

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