Share of federal judges appointed by Republican and Democratic presidents since Reagan

Democrat-
appointed
judges
Republican-
appointed
judges
Reagan
1981-1989
50%
50%
Carter
judges
Reagan
G. H.W. Bush
1989-1993
G. H.W.
Bush
Clinton
1993-2001
Clinton
G. W. Bush
2001-2009
G. W.
Bush
Obama
2009-2017
Obama
Trump 2017-
Trump judges
so far

Reagan 1981-1989
Trump
50%
50%
More than half of judges had been picked by Democrats when Reagan took office.
Republican-
appointed
judges
Carter
Reagan
G. H.W. Bush 1989-1993
G. H.W.
Bush
Only 1 of 4 judges was Democrat-appointed.
Democrat-
appointed
judges
Clinton 1993-2001
Clinton refilled the federal bench with Democratic appointees.
Clinton
G. W. Bush 2001-2009
Many of George W. Bush’s judges remain on federal courts today.
G.W. Bush
Obama 2009-2017
In 2013, the Senate changed rules to ease judicial confirmations. Obama’s ground to a halt when the GOP regained the Senate.
Trump
judges
so far
Obama
Trump 2017-

75%
Republican-appointed
judges
Trump
judges
so far
50%
25%
G. H.W.
Bush
Reagan-appointed
judges
G.W. Bush
Clinton
Obama
Carter
25%
Johnson
50%
Democrat-appointed
judges
75%
Reagan
G.H.W. Bush
Clinton
G.W. Bush
Obama
Trump
1981-1989
1989-1993
1993-2001
2001-2009
2009-2017
2017-
More than half of all the judges had been appointed by Democrats when Reagan took office.
After a third GOP term, Democrats had chosen only 1 of 4 judges.
Clinton refilled the federal bench with Democratic appointees.
Many of George W. Bush’s judges remain on federal courts today.
In 2013, the Senate changed rules to ease confirmation for judicial picks. Obama’s ground to a halt when the GOP regained the Senate.
As his second appointment to the Supreme Court begins Senate hearings on Tuesday, dozens of President Trump’s picks for lower federal courts have already been installed, leaving a conservative imprint on the nation’s judiciary.
In particular, the White House has filled the influential circuit court judgeships — the second-highest courts in the U.S. and last stop for many major cases — at a faster pace than his recent predecessors.
More Trump picks to the circuit courts, also known as the U.S. Courts of Appeals, have been confirmed, 26 so far, than any recent president at this point in their first term. Another 13 of the 179 judgeships on the courts are vacant.
Trump’s appointments to the lower district courts have fallen short of all but President Barack Obama, though more than 100 of those positions are available to be filled by Trump-selected judges.
Number of judges appointed by each new president, by court type

District court judges
75
Clinton
G. W. Bush
Reagan
50
G. H.W. Bush
Trump
Obama
25
0
Inauguration
Day
Sept.
Year 2
Circuit court judges
30
Trump
20
Reagan
G. H.W. Bush
Clinton
G. W. Bush
10
Obama
0
Inauguration
Day
Sept.
Year 2

CIRCUIT COURT JUDGES
DISTRICT COURT JUDGES
75
30
Clinton
Trump
G. W. Bush
Reagan
20
50
Reagan
G. H.W. Bush
G. H.W. Bush
Clinton
Trump
G. W. Bush
Obama
25
10
Obama
0
0
Inauguration
Day
Sept.
Year 2
Inauguration
Day
Sept.
Year 2

CIRCUIT COURT JUDGES
DISTRICT COURT JUDGES
75
30
Clinton
Trump
G. W. Bush
Reagan
20
50
Reagan
G. H.W. Bush
G. H.W. Bush
Clinton
Trump
G. W. Bush
Obama
25
10
Obama
0
0
Inauguration
Day
Sept.
Year 2
Inauguration
Day
Sept.
Year 2
“The Supreme Court gets the bulk of the attention, but the circuit courts decide the bulk of the cases,” Arthur D. Hellman, a University of Pittsburgh law professor who studies the federal judiciary, told The Post in August. “Because the Supreme Court these days is taking so few cases, the law of the circuit is, on many, many issues, the final law for the people who live in that circuit.”
Several Senate moves have made it easier for Trump to fill the courts.
The 2013 Democratic majority, facing Republican opposition to Obama judicial picks, lowered the number of votes needed for presidential appointees and lower-court judges from 60 to 51 votes, a simple majority. This eliminated a need for bipartisanship on those nominations. (Republicans have since extended that to Supreme Court justices.)
But when Republicans regained the chamber in 2015, confirmations slowed significantly. At the time, Democrats said the GOP, led by Majority Leader Mitch McConnell (R-Ky.), was refusing votes on dozens of judicial nominees to run out the clock on their confirmations.
In 2016, Trump was elected with a high number of vacancies waiting to be filled.
Number of judicial vacancies in district and circuit courts

0
100 vacancies
Reagan
1981-1989
Major increases
in authorized
judgeships
approved
G. H.W. Bush
1989-1993
Clinton
1993-2001
G. W. Bush
2001-2009
Senate lowers
confimation
threshold
Obama
2009-2017
GOP gains
control
of Senate
Trump
2017-

0
100 vacancies
Reagan
1981-1989
Trump
Major increases
in authorized
judgeships
approved
G. H.W. Bush
1989-1993
Clinton
1993-2001
G. W. Bush
2001-2009
Senate lowers
confimation
threshold
Obama
2009-2017
GOP gains
control
of Senate
Trump
2017-

Major increases in
authorized judgeships approved
Senate lowers
confimation threshold
GOP gains
control of Senate
100
0
Reagan
G.H.W. Bush
Clinton
G.W. Bush
Obama
Trump
1981-1989
1989-1993
1993-2001
2001-2009
2009-2017
2017-
The lower vote threshold and the decision by Republicans in the Senate to sidestep blue slips, which allow senators to block a judge from their state, have made it easier for confirmations to proceed.
The rules changes have also made it easier to install justices favored by conservatives at groups such as the Federalist Society and Heritage Foundation.
Ilya Shapiro, a constitutional lawyer at the Cato Institute, the libertarian think-tank, praised concerted efforts by White House lawyer Donald McGahn and others to fill the courts with qualified originalist judges.
“Certainly at the circuit court level this has paid dividends,” he said.
The impact could be extended by the fact that Trump’s picks are generally younger than his predecessors.
The median age of Trump’s circuit court judges is about 49 years old, younger than the judges put forward by the past five presidents.
Demographics of circuit court judges, by president
President | Number of Judges | Median age |
Percent female | Percent nonwhite | |
---|---|---|---|---|---|
Trump (so far) | 26 | 49 | 23.1 | 11.5 | |
Obama | 55 | 53 | 43.6 | 34.5 | |
G.W. Bush | 62 | 51 | 27.4 | 14.5 | |
Clinton | 66 | 51 | 30.3 | 25.8 | |
G.H.W. Bush | 42 | 50 | 16.7 | 9.5 | |
Reagan | 83 | 51 | 7.2 | 2.4 |
“Judicial nominations are for life,” Shapiro said. “If you nominate someone in their late 30s or early 40s, they’re going to be on the bench for 40 years, which is significant.”
About this story
Judicial nominee data from the Federal Judicial Center. Vacancies from the Administrative Office of the U.S. Courts.
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