Biden threatens veto as House considers Young-backed bill to ease federal judge shortage

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Todd Young at IBJ Oct. 10 2017
U.S. Sen. Todd Young of Indiana. (IBJ file photo)

Republicans in the U.S. House of Representatives say they will consider a bipartisan bill to ease federal judicial shortages across the country, including in Indianapolis, but President Joe Biden is threatening to veto the measure.

The bill is co-authored by U.S. Sen. Todd Young (R-Indiana) and U.S. Sen. Chris Coons (D-Delaware).

House Majority Leader Steve Scalise announced on his website Sunday that the House will discuss the Judicial Understaffing Delays Getting Emergencies Solved, or JUDGES, Act of 2024, which passed the Senate back in August.

Democrats, though, are having second thoughts now that President-elect Donald Trump has won a second term.

The White House said Tuesday that if President Joe Biden were presented with the bill, he would veto it. A Congress closely divided along party lines would be unlikely to overturn a veto, likely dooming the bill’s chances this year.

The JUDGES Act would add 66 new federal judgeships in the most overburdened areas of the country, including Indianapolis and the Southern District of Indiana.

The bill was first introduced by Young in 2020 and again in 2021 and 2023. The bill’s actions are in response to an overwhelming number of pending cases faced by federal district courts across the United States.

The updated bill promises to create the recommended judgeships during future presidential elections. It would also update the structure and timing of judgeships, require more transparency and increase access to justice in high-need areas across the country.

“My broadly bipartisan bill is a common sense approach to a politically challenging problem and is widely supported by leading legal organizations across our country,” Young said Tuesday on X. “President Biden should sign it into law after it passes the House this week.”

As of March 2023, more than 686,000 cases were pending in the courts, an average of 491 filings per judgeship over a one-year period.

The same month, the Judicial Conference of the United States recommended that Congress create 66 new district court judgeships.

Congress has not authorized new judgeships in more than 20 years, and comprehensive judgeship legislation has not been enacted in more than 30 years. In 1990, 11 additional circuit court judgeships and 74 district court judgeships were established in the U.S.

Between 1999 and 2003, targeted legislation created 34 more district court judgeships.

The Associated Press contributed to this report.

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