Trump’s Lower Court Judges and Religion: An Initial Appraisal

Stephen J. Choi, Mitu Gulati and Eric A. Posner

The Journal of Legal Studies, 2025, vol. 54, issue 1, 1 - 41

Abstract: It is widely believed that President Donald J. Trump’s first-term judicial appointments reflect a strategy of appeasing evangelical Christians and other religious groups that favor a more conservative, Christian judiciary and that in pursuing this strategy Trump sacrificed quality. We explore this theory by examining the biographies and credentials of Trump’s lower court nominees and the voting records of his circuit court appointments in free-exercise cases. We find that Trump’s appointments to the lower courts have stronger or more numerous religious affiliations and are affiliated with the Federalist Society and the National Rifle Association at high rates but are no less well credentialed than other judges. We also find that Trump’s circuit court appointments more frequently vote in favor of Christian plaintiffs and less frequently vote in favor of Muslim plaintiffs in free-exercise cases than judges appointed by other Republican presidents and by Democratic presidents. Hugh Hewitt: “Will you commit to voters tonight that religious liberty will be an absolute litmus test for anyone you appoint, not just to the Supreme Court, but to all courts?”Donald Trump: “Yes, I would.” (New York Times 2016)

Date: 2025
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