Booker has ‘no concerns’ about Menendez indictment’s impact on judicial nominations

Senator Bob Menendez’s recent indictment on federal bribery charges could potentially have ripple effects in an unexpected place: federal judicial nominations.

Constitutionally speaking, the authority to nominate federal judges rests with President Joe Biden; once nominated, they then go before the Senate for confirmation. But in reality, Menendez and fellow Senator Cory Booker play a heavy role in shaping New Jersey’s federal bench, and most nominees are recommended to the White House by one or both senators.

With Menendez facing such massive legal challenges, it’s not clear what role he’ll play in future nominations. Will White House officials still allow a senator accused of accepting bribes and sharing sensitive information with foreign governments to have a say over the makeup of the federal judiciary? If they don’t, will Menendez try to sink nominees that are named without his signoff? Could actual court proceedings interfere with Menendez’s duties in the Senate?

None of those questions have clear answers yet. Booker, though, told the New Jersey Globe that he’s not worried about Menendez’s indictment as it relates to the judicial nominations process.

“For that specifically, I have no concerns,” Booker said.

Right now, the New Jersey bench is getting filled at a rapid clip. Earlier today, Assistant U.S. Attorney Jamel Semper’s nomination to the United States District Court for the District of New Jersey came before the Senate Judiciary Committee, with an undeterred Menendez giving a speech beforehand urging his fellow senators to approve Semper’s nomination. Another District Court nominee, Magistrate Judge Edward Kiel, was also announced by Biden today.

Assuming Kiel and Semper – whose nominations were set in stone long before the charges against Menendez were unsealed – are confirmed, 10 of the New Jersey District Court’s 17 judges will have been appointed by Biden. That could be as many as Biden gets; there are no more District Court vacancies remaining without designated nominees, and depending on the outcome of the 2024 election, Biden might only have a year or so left in office.

There is, however, still a vacancy left on the Third Circuit Court of Appeals, where longtime Judge Joseph Greenaway stepped down in June.

Typically, Greenaway’s seat is one of four seats reserved for New Jersey on the Third Circuit, which also includes Pennsylvania and Delaware. But that’s not a requirement, and Menendez’s legal troubles could perhaps raise the chances of the White House deciding to circumvent New Jersey entirely.

Asked about the ongoing process to name Greenaway’s successor, Booker said he had nothing to report.

“I don’t have any updates,” he said. “It’s something we’re working with the White House to move on as quickly as possible.”