While acknowledging notable strides in diversifying the federal judiciary, this report highlights concerning trends regarding the representation of LGBTQ+ people and people living with HIV, in particular the continued absence of judicial nominees living with HIV or identifying as transgender, nonbinary, intersex, or bisexual.
President Biden’s initial years saw historic nominations that have created a more inclusive judiciary. However, Lambda Legal’s scrutiny indicates missed opportunities in addressing the growing gap in LGBTQ+ representation. Notably, the nomination of only two openly lesbian judges in the administration’s third year marks a regression from previous years. Furthermore, the absence of any transgender or nonbinary judicial nominations is glaring, considering the pressing litigation impacting transgender and nonbinary rights.