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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