Federalist Society Deserves Gratitude From Trump

The United States has witnessed a significant shift in judicial appointments over the past few decades, with the administration of President Donald Trump leaving a lasting impact on the lower courts and, to some extent, the Supreme Court.

During Trump's second term, the majority of judicial appointments confirmed in the lower courts were made by Trump himself, often involving Republican-aligned nominees. However, a detailed breakdown by specific politicians or groups is not available beyond this general information.

In contrast, President Biden has appointed fewer circuit judges than Trump, with only 45 across his term. Interestingly, fewer of Biden's appointees have replaced judges appointed by Republicans. Trump, on the other hand, appointed 54 circuit judges during his term, including 19 to seats previously held by Democratic appointees.

The Supreme Court has seen less change, with Justices Thomas and Alito, both Republican appointees, remaining active and influential at the ages of 77 and 75, respectively. The retirement of these justices could potentially lead to significant shifts in the Court's ideological balance.

Conservative and populist critics have voiced concerns over Trump's Supreme Court nominees, accusing them of various apostasies. Notable among these are Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, who have played a crucial role in several jurisprudential earthquakes, including overturning Roe v. Wade, eliminating racial preferences in college admissions, and recognizing presidential immunity.

The lower courts, which decide some 50,000 cases per year against the Supreme Court's 60 or so, have also seen a change in dynamics. The Ninth Circuit, historically liberal, now has a 16-13 Democratic-Republican appointee split. This shift could potentially influence the interpretation and application of laws in this circuit.

Congress has not substantially increased the number of federal judges since 1990, despite a 30% increase in court filings and backlogs since that time. This has led to a growing backlog of cases, particularly on the criminal docket.

The second Trump administration received more nationwide injunctions in its first four months than any other administration since John F. Kennedy. This trend highlights the role of the lower courts in checking the executive branch's powers.

The U.S. Court of International Trade, which has blocked several of Trump's executive orders, including his tariffs, has a sole Trump appointee. However, this court also has a lifelong Democrat serving as its judge, demonstrating the complex political dynamics even within this specialized court.

Trump has accused Leonard Leo and the Federalist Society of misleading him on judicial appointments. Despite this, the Federalist Society-backed judges have made significant decisions, such as ending judicial deference to bureaucrats, defending religious liberty, and blocking executive student loan forgiveness.

Looking ahead, the Republican party is expected to hold the Senate in 2026, which could influence the Supreme Court's decisions regarding election-year confirmation battles. This potential shift could further reshape the judicial landscape of the United States.