On August 1st, 2024, the U.S. Senate unanimously approved a proposal to add 66 new judges to understaffed federal district courts. If enacted, the bipartisan bill would be implemented over the next decade. It would mark the first large scale expansion of the judiciary since 1990. The primary purpose of the bill is to address increasing caseloads through the addition of judges in 25 district courts throughout 13 states.
After unanimous approval from the U.S. Senate, the bill now goes to the U.S. House of Representatives. If approved, it would create the first new judgeships since 2003. In the past, a partisan Congress has not been eager to create new judgeship vacancies. Both political parties feared an opposing president would have the opportunity to fill all vacancies during their term. This is where the latest bill, referred to as the “JUDGES Act”, comes into play. Under the “JUDGES Act”, judicial seats will be created incrementally over a 10 year period. This period is set to begin in January 2025, following the upcoming presidential election.
In recent decades, Congress has failed to create new judgeships, resulting in an enormous backlog for federal judges. This makes the bill extremely important, as it aims to address a substantial increase in court filings, dating back to 1990. Delaware, Texas, and California are amongst the 13 states that would benefit most from the much needed increase in staffing. In fact, Delaware only has four active judgeships. Currently, the bipartisan bill is due for consideration from the House. Approval of the bill would lead to the first major expansion of the judiciary in over three decades. More discussion and updates are likely to take place in the upcoming months.
