Libertarians are unsatisfied with the judicial picks of Biden.According to Cato Institute criminal justice scholar Clark Neily pointed out in Slate，a wild imbalance on the federal bench “between judges who used to represent the government in court and judges who used to challenge the government in court." Libertarian and progressive legal activists can agree with this point,they want substantive diversity of judges instead of cosmetic diversity. Now there is one glimmer of hope on the courtroom front,Biden team is looking to bring some much-needed professional diversity to the federal bench,one positive thing Biden can do is to appoint more judges whose experience includes battling the government in court.