It is hopeful to level the play field of the justice system, because the Biden team is looking to bring some much-needed professional diversity to the federal bench. But there is a wild imbalance on the federal bench between judges who represent the government and judges who challenge the government. Public defenders have been shut out, while the federal courts have largely become peopled with former prosecutors. To stack the deck with prosecutors is considered unfair to individual litigants by both libertarian and progressive legal activists and in this way, there is no substantive diversity. Biden is not the most promising figure from the standpoint of criminal justice reform, but one positive thing he can do as president is to appoint more judges whose experience includes battling the government in court.
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