The running mate, conservative attorney Chad Meredith, would serve for life on the U.S. District Court for the Eastern District of Kentucky. Meredith’s prospective appointment was first reported by The Courier-Journal. Kentucky Democrats expressed outrage over Meredith’s expected nomination to the court before it became clear a vacancy on the bench would occur. But on Friday, U.S. District Court Judge Karen K. Caldwell of the Eastern District of Kentucky was added to a public list of future federal judicial vacancies, clearing the way for Meredith to potentially join the court. The list of US courts shows that Caldwell shared her decision late last month to move to “senior” status as a judge on the court. By assuming seniority, according to US courts, judges can choose to handle a reduced caseload. regardless of this caseload, the status creates a vacancy in the court on which they serve. Biden’s prospective candidacy comes as the President vows to use everything in his power to fight for abortion rights after the US Supreme Court’s ruling last week overturned Roe v. Wade. By eliminating the federal constitutional right to abortion, states would have to determine abortion rights unless Congress decides otherwise. Meredith previously worked as deputy counsel to then-Republican Gov. Matt Bevin, defending a state law requiring doctors performing abortions to first perform an ultrasound and describe the image on the screen to the patient. In court in 2018, Meredith argued that the law would ensure that women would be more fully informed about their decision because “not every patient understands the consequences of the abortion procedure.” “This is right at the heart of what states are allowed to do to regulate medicine,” Meredith said at the time. “There are quite a few patients who don’t understand the nature of the fetus inside them.” A spokesman for Democratic Rep. John Yarmuth of Kentucky told CNN that the congressman was “informed of the White House’s intention to nominate Meredith by the White House staff.” And Democratic Gov. Andy Beshear said at a news conference Thursday that his team was informed of Biden’s intention to nominate Meredith “late last week.” “Right now it’s my understanding that it hasn’t been submitted, which I hope at least means it’s on hiatus,” Beshear said. Beshear had strong words for Biden, saying, “If the President makes this nomination, it’s unacceptable.” The governor also criticized Meredith’s involvement in Bevin’s decision to issue hundreds of pardons before leaving office, which included pardons for a variety of violent acts including murder and rape. There were accusations from critics that some of the pardons were political in nature, which Bevin denied at the time. “I don’t know how the President can say he’s for public safety if he makes this nomination,” Beshear added. Asked for comment, a White House official said: “In practice, we don’t comment on executive or judicial positions. Yarmuth told The Courier-Journal that he believed Meredith’s future nomination “is part of a larger deal on judicial nominations between the President and Mitch McConnell” — specifically, to get the Senate Minority Leader to agree to no longer delay Biden’s future federal nominations. Brian Fallon, the co-founder and executive director of Demand Justice, a left-leaning organization focused on America’s courts, on Friday criticized Biden’s potential nomination of Meredith at odds with his record on judicial nominations. “One of the underwhelming success stories of the Biden presidency has been his prioritization of judicial nominations and the appointment of public defenders and civil rights lawyers. I don’t see why you would undermine that record to make a bad deal with McConnell — after (the Supreme Court decision that overturned Roe v. Wade) no less,” Fallon tweeted. CNN has reached out to Meredith and McConnell’s office for comment. There are 119 current or anticipated lower court vacancies. The Biden administration has nominated a nominee for 34 of those vacancies so far.
