In the lead-up to the 2024 election, the Biden-Harris administration has significantly increased “Schedule A” hiring, appointing hundreds of individuals to positions that extend beyond the end of Joe Biden’s term in office.
According to the Daily Caller News Foundation (DCNF), these new hires mainly consist of lawyers and judges, with appointments concentrated in the Environmental and Natural Resources Division (ENRD) and the Antitrust and Immigration Review divisions of the Department of Justice since Biden took office.
Schedule A hiring, under federal regulations, is intended for individuals with “severe physical disabilities, psychiatric disabilities, and intellectual disabilities,” or for specialized roles such as attorneys, scientists, and chaplains, as well as to address critical hiring needs. Notably, appointments made under Schedule A do not end with the current president’s term and are not required to be merit-based.
During Biden’s presidency, over 100 immigration judges have been hired through Schedule A for the Immigration Review division. Additionally, a significant number of trial attorneys were appointed to the ENRD, which is responsible for enforcing environmental laws and focuses on environmental justice, climate change, and the interests of Native American Tribes. The Antitrust Division also saw the hiring of numerous trial attorneys.
Michael Chamberlain, director of Protect the Public’s Trust, which provided the DCNF with this data, commented, “The Biden-Harris administration and its allies have already signaled their intent to hamstring their successor and prevent a future president from reversing their agenda. Exploiting non-competitive hiring authorities to fill career civil service positions could be just another component of this scheme. It’s no wonder that the public’s trust in its government has all but disappeared.”
PPT also pointed out that the administration is using Schedule A to install immigration judges outside the usual merit-based system, who will rule on cases that could benefit from the administration’s immigration policies. They further noted that the ENRD plays a critical role in advancing the Biden-Harris administration’s energy and climate policies, with the placement of loyalists potentially serving to protect these policies even if a future administration seeks to change them.
Regarding antitrust enforcement, PPT highlighted that this area, once considered relatively technical and non-partisan, has become increasingly politicized under the Biden-Harris administration, leading to complaints about the aggressive implementation of policies.