With the help of Sen. Mitch McConnell, President Trump transformed the courts by filing a record number of vacancies. This transformative effort poses potential problems for Joe Biden, who has taken a liking to governing via executive order. In fact, Biden’s executive order imposing a temporary moratorium on deportations was blocked by U.S. District Judge Drew Tipton, a Trump appointee. More of Biden’s unconstitutional agenda is likely to experience the same fate as legal challenges are inevitable.
With a 50-50 tie in the U.S. Senate and a slim majority in the House, packing the Supreme Court likely unattainable. Biden needs to solve the problem of the lower courts, which now swing conservative and potentially stand in his way. Biden has come into office with a record-low number of judicial vacancies to fill and, according to a report from The Hill, Democrats think the way around this roadblock is to expand the lower courts.