Trump likely to continue aggressive efforts to nominate new judgesExBulletin

Then-President Donald Trump stands next to Judge Amy Coney Barrett before his swearing-in ceremony for Associate Justice of the United States Supreme Court in 2020. Tasos Katopodis/Getty Images hide the legend

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During Donald Trump's first term, appointing federal judges became one of his greatest accomplishments.

Legal experts predict that Trump will move quickly next year to consolidate and expand that legacy, and they said he will enjoy a substantial advantage this time around: being able to see how his initial choices fared.

“The president will have a group of nominees that he already knows and is comfortable with,” said Jesse Panuccio, a former senior Trump Justice Department official who now works at a private law firm. .

Panuccio pointed out that Trump is the first president since 1893 to serve non-consecutive terms. He said that perhaps not since Grover Cleveland occupied the Oval Office, “…the president is going to have an opportunity to see how these nominations, these appointees, have performed on the bench for several years now. ”

A president's appointees don't always act on his wishes once they hold a position for life. Now, Trump will likely be more discerning in trying to assess whether a candidate is likely to deliver on his priorities many years later, by looking at his track record and writings.

Republicans are on track to control the Senate with 53 votes, giving the White House plenty of room to confirm nominees.

Russell Wheeler, a fellow at the Brookings Institution think tank, said that if senators confirmed the justices with the same “ferocity” they showed during the first Trump administration, Trump would have a good chance of changing the makeup of the federal courts. quite radically. “.

During his first four years in the White House, the Senate confirmed 234 Trump-appointed judges, including Supreme Court Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.

Because these federal judges are appointed for life and Trump tends to choose younger people for these positions, “we might be looking at a Trump judiciary for the next generation,” Wheeler said.

Spotlight on loyalty

During the Biden years, the White House made a major effort to nominate diverse judges. Nearly two out of three Biden judges are women. Many of them are people of color.

“The number of white men Biden has appointed to the bench, you could almost count it on your hands, fingers and toes,” Wheeler said.

Trump, on the other hand, can select judges based on their personal loyalties, if his other key Cabinet picks are any guide.

But a key question for next year is whether Trump's focus on loyalty could alienate some Senate Republicans.

Edward Whelan works at the Center for Ethics and Public Policy, a conservative think tank. He writes frequently about the federal justice system.

“In 2005, when President George W. Bush nominated Harriet Miers to fill Sandra Day O'Connor's seat, the conservative legal movement erupted in opposition to the choice,” Whelan recalls.

Miers, a friend of the president who had worked as a lawyer but had no prior experience as a judge, ultimately withdrew her Supreme Court nomination.

“The bottom line is that the president is at great risk if he appoints someone who is simply a loyalist or someone who is not considered qualified,” Whelan said.

Skye Perryman runs Democracy Forward, a left-wing group that advocates for progressive causes and judges. Perryman said she expects Trump to advance candidates with what she calls “extreme” positions on issues such as limits on reproductive rights. But, she added, it is possible to control this process.

“There is an opportunity to shine a light on and hold senators, including Republican senators, accountable if they confirm judges who are not aligned with what the vast majority of Americans hope and believe,” said Perryman.

Senators will have to decide whether loyalty to Trump is worth the risk of voter backlash in the upcoming 2026 midterm elections.

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