Hundreds of federal judges urged House leaders to pass legislation to expand the trial courts for the first time in decades, raising pressure on Congress to act in the dwindling weeks of this session. It’s been over three decades since Congress last passed legislation to comprehensively grow the judiciary, and federal court caseloads have swelled by more than 30% since then, the Federal Judges Association wrote in a letter, obtained by Bloomberg Law, to House Speaker Mike Johnson and other congressional leaders. The letter, dated Nov. 12, was signed by association president Judge J. Michelle Childs of the US Court of Appeals for the D.C. Circuit, along with more than 300 other federal trial and circuit court judges. Signatories included judges appointed by both Democratic and Republican presidents.

“Enacting this legislation at the next possible legislative opportunity is essential to providing the level of service your constituents deserve, improving access to justice, and easing the growing caseload burden on the federal Judiciary,” they wrote. Judge Robert Conrad, the director of the Administrative Office of the US Courts, and Federal Bar Association president Glen R. McMurry, have also written congressional leaders separately in support of the legislation. Each batch of new trial court seats would represent “a very small increase in the number of judicial vacancies that naturally occur during any particular presidential term,” and “would have a significant positive impact on the efficient administration of justice,” Conrad wrote.

The Senate unanimously passed the legislation, sponsored by Sens. Todd Young (R-Ind.) and Chris Coons (D-Del.), in August that would add 63 permanent and three temporary federal district judgeships, handed out in tranches over the next decade. House Judiciary Chairman Jim Jordan (R-Ohio) told Bloomberg Law that Republicans planned to bring the Senate-passed bill to the floor for a vote, as soon as this week. Still, the legislation could face opposition from Democrats. Rep. Jerrold Nadler (D-N.Y.), the Judiciary Committee’s ranking member, said last week he was “leery” of giving President-elect Donald Trump more judges to appoint.

The bill aims to address rising caseloads in federal districts where the population has far outgrown the size of the bench. More than 20 federal district courts have more than 600 case filings, weighted, per authorized judgeship, according to latest courts data. The Judicial Conference, the federal courts’ policymaking body, has recommended adding dozens more judgeships to relieve the workload. It would authorized 63 permanent and three temporary judgeships at federal trial courts across the US, distributed in tranches beginning in 2025, until 2035. The bill’s staggered structure would mean the next three presidential administrations, beginning with President-elect Donald Trump’s, would have a chance to fill the newly created seats. Backers of the legislation had hoped to see it pass both chambers before the election.

Judges generally steer clear of legislative and political advocacy. However, a number of federal have previously spoken out in support of expanding the judiciary. The judiciary’s administrative office sent out a news release on Monday quoting various federal judges making statements in support of adding judgeships. In 2021, Judge Kimberly Mueller, then the chief judge of the Sacramento-based Eastern District of California, testified before Congress in 2021 to advocate for additional judgeships. At six active judges, her court has one of the highest numbers of residents covered per judgeship. In an interview in May, she said her court is “always bandaging it together,” which has discouraged some senior judges from continuing to hear cases in retirement.