Email Shows Biden Planned to Nominate Anti-Abortion Republican to Federal Judgeship the Day Roe Was Overturned

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A newly released email confirms President Joe Biden planned to nominate a Republican for a lifetime appointment in the federal judiciary.

It is unclear whether that continues to be the case.

The Louisville Courier-Journal obtained the email from Kentucky Democratic Gov. Andy Beshear showing Biden’s intention to nominate Chad Meredith, an anti-abortion member of the conservative Federalist Society to a judgeship in the Eastern District of Kentucky.

The Courier-Journal first reported on the pending nomination last week, but the paper only obtained the email on Tuesday:

White House aide Kathleen M. Marshall, a former lieutenant governor in Nevada who joined the White House in August as senior adviser to governors in the Office of Intergovernmental Affairs, sent the June 23 email that stated: “To be nominated tomorrow: … Stephen Chad Meredith: candidate for the United States District Court for the Eastern District of Kentucky.”

But nomination didn’t happen “tomorrow,” which is when the U.S. Supreme Court handed down its decision in Dobbs v. Jackson Women’s Health Organization. The court ruled there is no constitutional right to abortion.

According to Slate, Meredith’s nomination is part of a deal between Biden and Senate Minority Leader Mitch McConnell (R-KY). In exchange for the nomination, McConnell would agree to stop blocking Biden’s appointment of federal prosecutors in the state.

The arrangement has infuriated liberals, many of which have noted federal prosecutors could be dismissed by Biden’s successor while Meredith would be receiving a lifetime appointment. Rep. John Yarmuth (D-KY) has vehemently opposed Meredith’s pending nomination.

McConnell’s obstruction of appointees in Kentucky does not stem from any legal authority, but instead the customs of the Senate. Key to the process are “blue slips.” As is custom, a senator may essentially veto a federal nomination when the nominee would serve in the senator’s jurisdiction. This practice has been terminated for appeals court nominees, but it remains in place at the district court level.

The White House and McConnell have declined to comment on the story.