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Reason
Reason
Jonathan H. Adler

Why Are There So Few Judicial Vacancies for President Trump to Fill?

The first Trump Administration substantially reshaped the federal courts. Will the second Trump Administration be equally effective or influential on the composition of the judiciary? The jury is still out. Even setting aside the Supreme Court--where President Trump made three appointments in a single term--it is looking like there will be significantly fewer opportunities to influence the balance and composition of the federal courts.

At present, there are more Republican than Democratic nominees on the federal circuit courts of appeal, but there are Republican majorities on only six of thirteen circuits. There are also more Democratic than Republican appointees on district courts, as one would expect given that a Democratic president was making judicial appointments the past four years.

How much influence President Trump will have on the composition of the federal courts will largely depend on the extent to which eligible judges elect to take senior status or retire, thereby creating vacancies for Trump to fill. As I noted in May and July, it appears that some number of judges are more reluctant to take this step than one might have expected.

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