Biden’s and Trump’s records show sharp differences in what types of judges they would choose. And the winner of the fall election could appoint more Supreme Court justices.

The Democratic-led Senate is poised to confirm President Joe Biden’s 200th federal judge Wednesday, a milestone that highlights a sharp contrast with his election rival, Republican former President Donald Trump, as they seek to shape the courts over the next four years.

It’s unclear whether Biden will catch up to the 234 judges Trump secured in his presidential term. But the winners of the presidency and the Senate majority will have the power to shape the courts for the next few years, and the two men have dramatically different criteria in choosing nominees.

Whoever occupies the White House in the next term could even pick one or more new Supreme Court justices, which could shift or entrench the current 6-3 conservative majority. By the time the winner is sworn in, conservative Justice Clarence Thomas will be 76 and conservative Justice Samuel Alito will be 74. The next oldest member of the court is liberal Justice Sonia Sotomayor, who will be 70. Chief Justice John Roberts will turn 70 a week after the swearing-in.

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    In 2022, Biden picked Ketanji Brown Jackson, a former public defender, to be the first Black woman on the Supreme Court; she has since become a reliable member of the liberal bloc.

    “I faced down vile attacks from the radical left to confirm three great Supreme Court justices: Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.

    On the priority list for Democrats is Supreme Court ethics legislation, a cause fueled this week by reports that an upside-down American flag flew outside Alito’s home days after the Jan. 6 attack on the Capitol, when rioters brandished the symbol to try to overturn the 2020 election result and keep Trump in power.

    It commissioned a national poll taken by the Democratic firm Hart Research Associates, first shared with NBC News, which found overwhelming support for term limits for justices.

    A White House spokesperson noted that Biden has endorsed Supreme Court ethics and transparency legislation but didn’t comment on whether he favors term limits for justices.

    I’ve got enough sources of anxiety and sadness,” said Sen. Richard Blumenthal, D-Conn. “It’s a frightening thought, because obviously a number of them could resign at any time to make way for the next wave of far-right MAGA judges — who are not really justices, just politicians in robes.”


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