According to research from the Article III Project (A3P), the federal appeals courts could be taken over with Conservative judges if President Trump is re-elected.
While the pace of Trump’s judicial appointments has been steady, about two-thirds of his circuit court nominees have replaced Republican-appointed judges, University of Richmond law professor Carl Tobias told the Washington Free Beacon. A second Trump term would offer Republicans a chance to replace many judges nominated by Democrats as well, elevating Trump’s judicial record from productive to transformational. The prospect of further appointments to the Supreme Court is also realistic, a chilling notion for Democrats that prompted the party to endorse “structural reform” of the judiciary during the DNC.
Research provided to the Free Beacon by the Article III Project (A3P) shows that 59 circuit court judges were eligible for “senior status,” a form of quasi-retirement, at the start of 2020—about 60 percent of them Democratic appointees. It’s a figure that makes Trump’s supporters bullish about the future.
“In President Trump’s second term, Republicans could take control of all 13 of the critically important U.S. Courts of Appeals, the last stop for 99 percent of all federal appeals,” A3P president Mike Davis told the Free Beacon. The A3P is an advocacy group that supports the president’s judicial nominees.
Even the far-left Ninth U.S. Circuit Court of Appeals could go Conservative:
When Trump took office, Democratic appointees had a majority on nine circuit courts to the GOP’s four. The president has “flipped” three of those panels, and Davis believes Trump will turn still more in a second term. For example, 10 Democratic appointees on the Ninth U.S. Circuit Court of Appeals will be eligible for senior status by January 2023. Democratic appointees currently have a three-seat advantage on that panel, putting control of the court within reach for Republicans.
“If President Trump is reelected, he could do the unthinkable for a Republican and flip the Ninth Circuit to conservative control,” Davis told the Free Beacon, noting that Trump has already closed the partisan gap on that bench significantly.
President Trump has been extremely successful as it pertains to the courts.
Data from Pew Research outlines just how successful President Trump has been at appointing appeals court judges.
From Pew Research:
Trump has appointed 53 appeals court judges to date, far higher than the number appointed by nearly every other recent president at the same point in their tenure. The exception is Carter, who successfully appointed 54 appeals court judges by July 7 of his fourth (and final) year in office.
President also successfully appointed two Supreme Court Justices.
President Trump nominated Neil Gorsuch for Associate Justice of the Supreme Court on January 31, 2017. He was confirmed on April 7, 2017, by a vote of 54–45.
His second nomination was Brett Kavanaugh. President Trump nominated Brett Kavanaugh for Associate Justice of the Supreme Court on July 9, 2018. He was confirmed on October 6, 2018, by a vote of 50–48.
There is no question that if President Trump is re-elected he will get a chance to put at least one more Justice on the Supreme Court.