The 15 judges Biden cannot confirm while Feinstein is out of the Senate

Sen. Dianne Feinstein (D-CA) has been absent from the Senate since early March, when she was hospitalized with shingles, leaving Democrats unable to advance several of President Joe Biden’s judicial nominees.

Feinstein’s absence coincided with absences from Senate Minority Leader Mitch McConnell (R-KY), who was hospitalized in early March with a concussion, and freshman Sen. John Fetterman (D-PA), who checked himself into the hospital to be treated for depression. McConnell and Fetterman returned to the Senate after Congress returned from recess earlier this week, leaving Feinstein as the lone missing link.

SENATE DEMOCRATS STUCK WITH FEINSTEIN DILEMMA AFTER JUDICIARY COMMITTEE SWAP FAILS

Feinstein’s absence means Democrats no longer hold their slim majority in the Senate, slowing down the work of the chamber’s Judicial Committee, on which the California Democrat sits. The Judicial Committee is tasked with vetting Biden’s judicial nominees before they appear before the full Senate for a confirmation vote.

There are 15 judicial nominees waiting to be approved by the Judicial Committee whose confirmations must wait in limbo until Feinstein returns. Although Feinstein has requested to be temporarily removed from the panel to speed things along, Republicans have refused to agree to such a move.

Here are the 15 nominees waiting for a confirmation vote as Feinstein recovers:

Charnelle Bjelkengren for the Eastern District of Washington

Charnelle Bjelkengren was recommended to Biden by Sen. Patty Murray (D-WA) to serve on the U.S. District Court for the Eastern District of Washington.

Bjelkengren currently serves as a judge on the Spokane County Superior Court, and she became the first black woman to be elevated to that court when she was nominated in 2019. If confirmed to the new position, she would become the first black woman to serve as a federal judge on the U.S. District Court for the Eastern District of Washington.

Some Republicans have remained skeptical of her nomination, especially after the judge struggled to answer lawmakers’ questions about the purpose of Article Five of the Constitution, which outlines the procedures to amend the founding document.

Orelia Merchant for the Eastern District of New York

Orelia Merchant was nominated in September to serve on the U.S. District Court for the Eastern District of New York. Merchant appeared before the Judicial Committee for her nomination hearing on Jan. 25, but her nomination has remained largely stalled since then.

Merchant served as a special assistant U.S. attorney in the U.S. Attorney’s Office for the Eastern District of New York from 2002 to 2019. Before that, she worked as the assistant regional counsel for the Environmental Protection Agency from 1998 to 2002.

Since 2019, Merchant has served as the chief deputy attorney general for state counsel in the New York State Attorney General’s Office, overseeing more than 8,000 active cases in state and federal court on behalf of the Empire State.

Michael Farbiarz for the District of New Jersey

Michael Farbiarz was nominated by Biden for the U.S. District Court for the District of New Jersey in January, appearing before the committee for a confirmation hearing on Jan. 25. Farbiarz has a lengthy legal career, serving as a law clerk, assistant U.S. attorney, as well as a professor.

Farbiarz is best known for his prosecution of a group of Somali pirates who seized a U.S. container ship in the Indian Ocean in 2009. That incident was portrayed in the 2013 film Captain Phillips. 

Robert Kirsch for the District of New Jersey

Also in New Jersey, Robert Kirsch was nominated for the U.S. District Court for the District of New Jersey, likewise appearing for a hearing before the Judicial panel on Jan. 25.

Kirsch served as an assistant U.S. attorney in the U.S. Attorney’s Office for the District of New Jersey from 1997 to 2010, where he mainly focused on white-collar crimes. Since then, Kirsch was appointed to serve as a judge of the New Jersey Superior Court for Union County.

Marian Gaston for the Southern District of California

Marian Gaston was nominated to serve on the U.S. District Court for the Southern District of California in late January before appearing for her nomination hearing on Feb. 15. Gaston was nominated to replace the seat vacated by Judge William Hayes, who was elevated to senior status in August 2021.

Gaston currently serves as a San Diego County Superior Court judge after she was appointed by then-Gov. Jerry Brown (D-CA) in 2015. Before that, Gaston worked as a public defender at the San Diego County Public Defender’s Office.

Wesley Hsu for the Central District of California

Wesley Hsu was nominated by Biden to sit on the U.S. District Court for the Central District of California in January and appeared for his confirmation hearing on Feb. 15.

Hsu currently serves as a judge of the Superior Court of Los Angeles County in California after being elected in 2017. He was later reelected in 2018, and his current term is set to expire in January 2025.

Monica Ramirez Almadani for the Central District of California

Monica Ramirez Almadani was nominated to sit on the U.S. District Court for the Central District of California in January and appeared for a hearing on Feb. 15. She awaits a vote from the committee to advance her to the full Senate for consideration.

Ramirez Almadani has a lengthy career in law, serving as a civil rights litigator, prosecutor, and law school professor. Most recently, Ramirez Almadani served as the president and CEO of Public Counsel, which is the largest pro bono public interest law firm in the country.

Michael Delaney for the 1st U.S. Circuit Court of Appeals in New Hampshire

Michael Delany was nominated to sit on the 1st U.S. Circuit Court of Appeals in New Hampshire and appeared for his hearing on Feb. 15. However, Delaney faces an uphill battle as he has faced scrutiny from both Democrats and Republicans for his handling of a sexual assault case at a New Hampshire boarding school.

Delaney has also come under scrutiny after signing a legal brief in 2005 that was sent to the Supreme Court defending a law in New Hampshire that required minors to tell their parents before obtaining an abortion. That law was later repealed in 2007.

At the time, Delaney defended the law because he said it did not “present a substantial obstacle to any woman’s right to choose an abortion.” During his hearing, Delaney told the committee he did not write the brief and had very limited involvement in the case that prompted it.

Jeffrey Cummings for the Northern District of Illinois

Biden nominated Jeffrey Cummings to serve as district court judge for the Northern District of Illinois in January. Cummings appeared before the Judiciary Committee for a hearing on Feb. 15.

Cummings served as counsel to former President Barack Obama before he was elected to the Senate in 2004. Cummings has served as a magistrate judge since February 2019.

LaShonda Hunt for the Northern District of Illinois

LaShonda Hunt was nominated in January to serve on the U.S. District Court for the Northern District of Illinois after being recommended by Sens. Tammy Duckworth (D-IL) and Dick Durbin (D-IL), who chairs the Judiciary Committee.

Hunt works as a bankruptcy judge in the Northern District of Illinois after serving as the general counsel of the Illinois Department of Central Management Services. She also has experience working as the chief legal counsel of the Illinois Department of Corrections and as an assistant U.S. attorney in the Northern District of Illinois.

Amanda Brailsford for the District Court of Idaho

Biden nominated Amanda Brailsford to serve as a district judge for the District Court of Idaho in January. She appeared for a hearing before the Judiciary Committee on March 22.

Brailsford was recommended by Sens. Michael Crapo (R-ID) and James Risch (R-ID) to replace Judge B. Lynn Winmill, who was elevated to senior status in August 2021. If confirmed, Brailsford would become the first woman to serve on the U.S. District Court for the District of Idaho.

Kato Crews for the District Court of Colorado

Kato Crews was nominated to become a U.S. district judge for the District Court of Colorado in February and appeared for a hearing on March 22. He serves as a magistrate judge for the Court of Colorado, where he has worked since 2018.

Crews came under some scrutiny during his nomination hearing before the Judicial panel after Sen. John Kennedy (R-LA) asked him about the Brady motion, which is a decades-old legal doctrine that allows defendants to request prosecutors to turn over evidence that could be favorable to them. Crews struggled to define the doctrine when asked.

Jeremy Daniel for the Northern District of Illinois

Jeremy Daniel is one of the most recent nominees, as he was nominated to sit on the U.S. District Court for the Northern District of Illinois in March and held his confirmation hearing earlier this week on Tuesday.

Daniel served in the Marine Corps before being honorably discharged in 2000. Since then, he’s worked in a variety of legal roles. Most recently, he’s served as an assistant U.S. attorney in the Northern District of Illinois since 2014.

Brendan Hurson for the District of Maryland

Hurson is another recent nominee, being nominated to serve as a district judge in March and appearing for his committee hearing on Tuesday.

Hurson serves as a magistrate judge for the District of Maryland after being appointed in February 2022. Before that, he spent years as a public defender in Maryland.

Darrel Papillion for the Eastern District of Louisiana

Biden nominated Darrel Papillion to serve on the U.S. District Court for the Eastern District of Louisiana in March, and he also appeared before the Judicial Committee for his hearing on Tuesday.

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Papillion is among those who are likely to receive bipartisan support for his nomination, already garnering support from Republicans such as Kennedy, who praised the nominee during his hearing as being a “lawyer’s lawyer.”

Throughout his legal career, Papillion has specialized in cases advocating injured workers and sex abuse victims, as well as those affected by voter disenfranchisement.