Biden should nominate judges who have the experience of battling the government in
court, so as to bring some much-needed professional not only cosmetic diversity
to the federal bench. There is a severe imbalance on the federal bench between
judges who used to represent the government in court and judges who used to
challenge the government in court. Public defenders providing standpoints other
than prosecutors have much less opportunity to the federal bench. According to
Biden’s long political career, it’s too early to say that he can turn over a
new leaf. Nevertheless, there is one glimmer of hope now.
