Trump's Judicial Appointments: A Pattern of Traditional Choices, Despite Initial Bluster

Strategic Insights -

As Donald Trump nears the end of his presidency, he has been selecting lawyers for lifetime appointments to the federal bench, drawing the attention of influential right-wing voices who are looking ahead to a possible vacancy on the US Supreme Court. While Trump initially threatened to abandon the Federalist Society and the establishment conservatism that drove his first-term judicial juggernaut, his recent nominations have drawn praise from the WSJ editorial page, which wrote that Trump's picks "are moving in a comforting direction."

Key Takeaways:

  • Trump's second-term judicial appointments have drawn attention from influential right-wing voices, with the WSJ editorial page praising his recent nominees for being "more traditional" and "comforting."
  • Despite initial criticism from the WSJ, Trump's recent nominees, such as Rebecca Taibleson and Eric Tung, have ties to the Federalist Society and took established right-wing paths, serving as law clerks to conservative Supreme Court justices or working with GOP campaigns.
  • The second-term nominees appear to have more experience in Republican politics, with several having worked with GOP campaigns or as state political appointees.
  • The Federalist Society, a conservative group that has influenced judicial selection for Republican presidents, may be more difficult to avoid in the vetting process, given its vast network and influence on the conservative movement.
  • White House officials declined to answer specific questions about the vetting process and the people Trump has personally screened, with a senior White House official stating that the President continues to rely on his senior White House advisors, White House counsel, and the Department of Justice to present him with thoroughly vetted candidates.
  • Judge Michael Fragoso, a former chief counsel to Senate Republican Leader Mitch McConnell, noted that the second-term nominees appear to be more conservative and have more experience in Republican politics, which may be a factor in the retirements of conservative Supreme Court judges.

Statistics:

  • Since Trump's election in 2020, fewer judges have announced their retirements than after any other presidential election going back two decades, with only 14 judges announcing their retirements as of August 2022. (Russell Wheeler, Brookings Institution)
  • The number of judges choosing to take senior status, rather than retiring, has also increased, with 22 judges doing so as of August 2022. (Russell Wheeler, Brookings Institution)
  • Trump's current pool of nominees is largely composed of young conservative lawyers, with several having ties to the Federalist Society and working with GOP campaigns or as state political appointees.

Sources:

  • "Most of the lawyers Donald Trump has recently selected for lifetime appointments to the federal bench resemble those of his first presidency..." (CNN)
  • Russell Wheeler, Brookings Institution: "Fewer judges have announced their retirements since Trump's 2024 election than after any other presidential election going back two decades..." (Brookings Institution)
  • WSJ editorial page: "Better nominees mean more vacancies." (Wall Street Journal)
  • Mike Davis, The Article III Project: "For all the talk of how it's a different kind of judge this time, it's the same pool of people they're pulling from..." (Article III Project)
  • Michael Fragoso, former chief counsel to Senate Republican Leader Mitch McConnell: "It's the same apple cart, just slightly different apples." (CNN)