President-elect Donald Trump’s return to the White House could shape the federal judiciary for decades.
Given the likely retirement of Supreme Court justices and Republican control of the Senate, Mr. Trump is likely to end his term as president with a majority of his own appointees on the high court’s benches. During his first term, Trump was able to confirm Supreme Court Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, as well as 234 other federal judges.
Josh Blackmun, a professor at the South Texas College of Law, told the Daily Caller News Foundation that his influence during the second term “will determine how many judges retire or die.” .
“After January 2025, President Trump will have far fewer lower court vacancies to fill,” Blackmun said. (Related: Here’s who court watchers think could be on Trump’s next Supreme Court nominee list)
There are currently 47 federal judicial officers. vacancy20 more opening According to the U.S. Administrative Office of Courts, this will apply in the near future. President Joe Biden still had 28 nominees awaiting confirmation as of October. According to to the American Constitution Society.
Some left-wing groups, such as Demand Justice, push Senate Democrats need to get as many approvals as possible by January. Senate Majority Leader Chuck Schumer: “We’re going to get as much done as we can.” said Friday’s New York Times.
When Trump took office in 2017, there were 108 federal attorneys general. vacancy To fill it.
“For the Supreme Court, there is already speculation that Justice Alito will resign,” Blackmun said. “This vacancy will give President Trump the opportunity to appoint a fourth Supreme Court justice. There have not been four presidents since Reagan. If Justice Thomas resigns, President Trump will have the most appointments since Eisenhower.” We will appoint five people.
Meanwhile, Senate Democrats have already called for Justice Sonia Sotomayor’s resignation and are considering whether to try to confirm another judge during a lame duck session. politiko It was reported on Friday. Some liberal voices floated the idea of Mayor Soto retiring last year, but Democrats said: concern On publicly calling for the resignation of the “first Latina justice activist.”
WASHINGTON DC – OCTOBER 26: US Donald Trump stands with newly sworn in U.S. Supreme Court Associate Justice Amy Coney Barrett during a swearing-in ceremony on the South Lawn of the White House on October 26, 2020 in Washington, DC. president. (Photo by: Tasos Katopodis/Getty Images)
Ed Whelan, constitutional law scholar, Ethics and Public Policy Center I wrote On Wednesday, he said President Trump should have an “opportunity to perpetuate a strong conservative majority on the Supreme Court for at least the next 20 years,” including Justice Samuel Alito in spring 2025 and Justice Clarence Thomas in spring 2026. He said he expected to announce his retirement in 2018.
Republicans are expected to have a majority of at least 53 Republican senators. “Thanks to the elimination of the filibuster, high-quality Supreme Court nominees will be easily confirmed,” Whelan continued.
JCN President Carrie Severino told DCNF that Trump has an advantage this time around: rules that make it easier to approve nominees. During President Trump’s first term, Democrats “restricted the judicial confirmation process, including requiring that 30 hours of ‘debate’ time be used between each vote, even for district court nominees with unanimous support.” “We did everything we could to confuse the situation,” she said.
“Thanks to the closure reforms enacted in 2019, district court candidates are not currently subject to such slow-moving actions,” she said. “The Biden administration benefited from these changes throughout his administration, which allowed him to appoint as many judges as he did. He will have a term of office of one year.”
“Constitutionally sound judge”
Sen. Chuck Grassley, R-Iowa, is expected to take back the majority leader position on the Senate Judiciary Committee in January and take control of the appointments. A spokesperson for Mr. Grassley’s office said in a statement Wednesday that Mr. Grassley looks forward to working with Mr. Trump to “replace constitutionally sound and qualified judges in the federal judiciary.”
In the Republican Senate majority, we will fight hard to restore law and order and make America safe again, especially through my leadership at Attorney General, starting in earnest on January 3rd.
— Chuck Grassley (@ChuckGrassley) November 6, 2024
President Trump has not yet announced a list of new nominees, but several conservative legal leaders have previously told DCNF that some of his nominees to federal appeals courts are likely candidates. Ta. In the four years since Trump left office, many of these appointees have been able to develop sentencing records that demonstrate their philosophy. (Related: Trump’s legal problems evaporate as Americans send him back to the White House)
In August, John Malcolm, deputy director of the Heritage Foundation’s Institute for Constitutional Studies, highlighted several appellate judges who were on the previous list of nominees. These include Judge Amr Thapar of the Sixth Circuit, Judge James Ho of the Fifth Circuit, Judge Barbara Lagos of the Eleventh Circuit, Judge David Strass of the Eighth Circuit, and Judge Gregory of the DC Circuit. These included Judge Katsas.
Usha Vance, wife of Vice President-elect J.D. Vance clerk’s Mr. Tapper was a district judge in the Eastern District of Kentucky.
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