Senate Democrats have confirmed 233 judicial nominees during Biden’s presidency and are working to wrap up their work with a vote to confirm two more by the end of the week. During his first term in office, Trump confirmed 234 nominees.

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“To all Senate Republicans: NO DEAL WITH DEMOCRATS TO FAST TRACK NOMINATIONS AT THE END OF THIS CONGRESS,” Trump posted on Truth Social.

“I won the biggest mandate in 129 years. I will make my appointments of Very Qualified People in January when I am sworn in,” Trump added.

Senate Majority Leader Chuck Schumer (D-NY) has filed cloture on the nominations of Benjamin Cheeks to be district judge for the Southern District of California and Serena Murillo to be a district judge for the Central District of California. If all goes according to plan, the two are expected to be confirmed by the end of the week.

“There’s only two left. I don’t see any reason why we’d delay,” said Sen. Lisa Murkowski (R-AK). 

After the election, Senate Republicans attempted to slow-walk Democratic efforts to confirm as many judicial nominees as possible by putting in place procedural hurdles. However, Schumer cut a deal with Republicans before Thanksgiving to fast-track approval of nine federal district court judges. In exchange, Schumer agreed not to move forward with confirming four higher-level circuit court picks, saving the positions for Trump to fill. Later, Democrats acknowledged they likely wouldn’t have had enough votes to win confirmation on those picks regardless.

So far, it appears Republicans have no plans to hold up Biden’s final batch of judicial nominees despite Trump’s recent statement. 

“I don’t think anyone is set up to do that,” said Sen. Rick Scott (R-FL), speaking to the Washington Examiner. “It’s my understanding for the agreement of not doing the appellate court judges is that there would be a time agreement on these.” 

However, there has been some frustration in recent days after Judge James Wynn of the U.S. Court of Appeals for the 4th Circuit ultimately reversed his retirement decision, depriving Trump of the opportunity to appoint a new judge in one of the four vacancies, creating a conservative uproar. 

“It’s not right that — that happened, but my understanding is that we have an agreement not to go forward with those appellate judges,” Scott added.

Sen. Mike Rounds (R-SD) emphasized that Republicans will be no votes on the final two judges and will not be joining Democrats to help confirm them.

“I don’t know of anything else going on with it, other than we are going to do everything we can to simply vote no on these, on the district judges,” Rounds said. “On the circuit judges, we’ve already been able to stop those, so that’s been successful. That part has been handled.”

Both Biden and Trump had more success confirming judges than former President Barack Obama, who only was able to get 170 of his judicial nominees through the Senate by Dec. 17, 2012, the comparable date of the end of his first term.

Senate Democrats worked to follow the lead of outgoing GOP Leader Mitch McConnell (R-KY), who ultimately has built his legacy around his effort to reshape the federal judiciary, including three nominations to the Supreme Court. Biden was only able to confirm one nominee.