Trump’s lasting impact on the federal judiciary

Christine L. Nemacheck

Policy Studies, 2021, vol. 42, issue 5-6, 544-562

Abstract: Over a single term in office, President Donald Trump appointed three justices to the U.S. Supreme Court, 54 United States Circuit Court of Appeals judges, and 174 federal District Court judges. Those numbers, particularly the 54 courts of appeals judges, rival those of President Barack Obama’s totals (55) over 8 years in office. However, over that same term, Trump was embroiled in numerous controversies and often frustrated his own administration officials’ efforts to enact and implement policy. Trump’s policy failures stand in stark contrast to his success in reshaping the federal judiciary. This article examines that contradiction and argues that at least part of the reason for his success in nominating federal judges lies in the unique judicial selection strategy he embraced; a strategy for which Senate Majority Leader Mitch McConnell and Federalist Society members within and outside of the administration were essential players. This article presents one of the first analyses of Trump’s appointment process over his full term in office, including his unique use of appointment short lists, the confirmation strategy his administration pursued in tandem with Republican Senate leadership, and the lasting impact Trump’s appointees are likely to have on U.S. law and policy.

Date: 2021
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DOI: 10.1080/01442872.2021.1976744

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