Trump to Fill 100+ Vacancies on the Federal Bench

"One of the most important legacies a president leaves behind."

12.30.2016

President-elect Donald Trump has the opportunity to nominate over 107 judges to the federal judiciary during his tenure, almost the number of vacancies President Obama inherited from President George W. Bush in 2008.

Throughout the election, all eyes were on whom Trump would appoint to replace the late Justice Antonin Scalia, but few, including #NeverTrumpers, didn't fully consider his impact on the lower courts.

According to Elizabeth Wydra, president of the Constitutional Accountability Center, lower court nominees "are often one of the most important legacies a president leaves behind," and it's hard to dispute considering how many lower court appointees have been the deciding factor in various culture war issues and religious freedom.

From ChurchMilitant:

Although the Supreme Court gets the most national attention, it hears the fewest number of cases compared to the other federal courts. Its nine justices accept fewer than 100 cases a year on appeal — only 10 percent of all petitions for certiorari.

The impact of the U.S. Circuit Courts of Appeal, directly under the Supreme Court, cannot be underestimated. The 13 U.S. Circuit Courts rule on 35,000 cases per year; considering Obama has stacked the courts with left-leaning appointments, their impact on shaping federal law is enormous. Here's a quick look at the make-up of the lower courts.

There are 179 judges who sit on the 13 U.S. Circuit Courts of Appeal. Each circuit has from six to 28 judges, including a chief judge who's typically chosen based on seniority. The chief judge in his respective circuit court assigns cases to be heard by a panel of three appellate judges per case.

In both terms, Obama has seated 329 left-leaning federal judges, equaling 10 percent of 3,294 federal judges. Worse still, when Obama came in power, only "one of the 13 circuits had a liberal majority. In just 8 years, "nine of the circuits are now under the control of left-leaning judges."

The #NeverTrump movement never addressed this particular issue if Hillary Clinton were to take office. In short, we dodged a bullet.