Scale of Trump's appeals court overhaul unmatched by Biden, even as Democrats could approve more total judges

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DC US Circuit Judge Gregory Katsas, 5th US Circuit Judge Jim Ho and 9th US Circuit Judge Lawrence VanDyke. All three were appointed by former President Donald Trump. Getty Images, US Senate Photographic Studio

Scale of Trump’s appeals court overhaul unmatched by Biden, even as Democrats could approve more total judges

By Tierney Sneed, CNN • 8 minute read
Published 5:00 AM EDT, Thu August 29, 2024

(CNN — President Joe Biden is well positioned to finish his presidency having placed more judges on the federal bench than former President Donald Trump.

But the Democrat will not be able to replicate Trump’s transformation of the appellate courts that hand down the most influential rulings. Trump, the Republican presidential nominee again this year, was especially successful in flipping seats previously occupied by liberal or moderate judges on appellate courts and the US Supreme Court to those held by hardline conservatives.

That’s made the federal judiciary friendly legal territory to conservative litigants who have secured court orders applying to large swaths of the country – and even nationwide – that block Biden policies on student loan forgiveness, LGBTQ rights, the environment and health care.

When Trump entered the White House there were 17 appeals court vacancies, as well as an unfilled Supreme Court seat, while only two circuit seats were open when Biden became president. ... “The vacancies Trump did have to fill were, overall, much more significant,” said Carrie Severino, the president of the JCN, which supports the efforts to confirm conservative judges.

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1. Mitch McConnell refused to allow Obama's nominees during his last year and thus had many openings for Trump.

McConnell worked with the Federalist Society to find the most right-wing extremist (and evangelical judges) they could find for Trump to nominate.

The appellate courts have needed an overhaul for decades because it’s totally unacceptable for cases to require five, six, or more years for resolution. Each circuit needs to be evaluated because of population shifts over the past years and the number of judges.