Notes

Judicial Appointments by President Trump

• Justice Nominations and Confirmations

  • Clarence Thomas

    • Year: 1991

    • Nominating President: George H. W. Bush (R)

    • Confirmation Vote: 52-48

    • Year of Birth: 1948

  • Ruth Bader Ginsburg

    • Year: 1993

    • Nominating President: Bill Clinton (D)

    • Confirmation Vote: 96-3

    • Year of Birth: 1933

  • Stephen G. Breyer

    • Year: 1994

    • Nominating President: Bill Clinton (D)

    • Confirmation Vote: 87-9

    • Year of Birth: 1938

  • John G. Roberts

    • Year: 2005

    • Nominating President: George W. Bush (R)

    • Confirmation Vote: 78-22

    • Year of Birth: 1955

  • Samuel Anthony Alito

    • Year: 2006

    • Nominating President: George W. Bush (R)

    • Confirmation Vote: 58-42

    • Year of Birth: 1950

  • Sonia Sotomayor

    • Year: 2009

    • Nominating President: Barack Obama (D)

    • Confirmation Vote: 68-31

    • Year of Birth: 1954

  • Elena Kagan

    • Year: 2010

    • Nominating President: Barack Obama (D)

    • Confirmation Vote: 63-37

    • Year of Birth: 1960

  • Neil Gorsuch

    • Year: 2017

    • Nominating President: Donald Trump (R)

    • Confirmation Vote: 54-45

    • Year of Birth: 1967

  • Brett Kavanaugh

    • Year: 2018

    • Nominating President: Donald Trump (R)

    • Confirmation Vote: 50-48

    • Year of Birth: 1963

Demographics of Confirmed Judicial Nominees

• Total Confirmed by President

  • Trump: 33

  • Obama: 329

  • Bush II: 327

  • Clinton: 378

  • Bush Reagan: 193

  • Total: 383

• Gender Demographics

  • Males: 75.76% (Trump); 58.05% (Obama); 78.20% (Bush II); 70.60% (Clinton); 81.30% (Bush); 91.60% (Reagan)

  • Females: 24.24% (Trump); 41.95% (Obama); 21.80% (Bush II); 29.40% (Clinton); 18.70% (Bush); 8.80% (Reagan)

• Racial Demographics

  • White: 90.91% (Trump); 64.13% (Obama); 82.20% (Bush II); 75.30% (Clinton); 89.10% (Bush); 93.90% (Reagan)

  • African American: 0.00% (Trump); 18.84% (Obama); 7.30% (Bush II); 16.40% (Clinton); 6.70% (Bush); 1.80% (Reagan)

  • Hispanic: 0.00% (Trump); 10.94% (Obama); 9.10% (Bush II); 6.60% (Clinton); 4.10% (Bush); 3.60% (Reagan)

  • Asian Pacific American: 9.09% (Trump); 6.38% (Obama); 1.20% (Bush II); 1.30% (Clinton); 0.00% (Bush); 0.50% (Reagan)

  • Native American: 0.00% (Trump); 0.30% (Obama); 0.00% (Bush II); 0.20% (Clinton); 0.00% (Bush); 0.00% (Reagan)

  • Native Hawaiian or other Pacific Islander: 0.00% (Trump); 0.30% (Obama); 0.00% (Bush II); 0.00% (Clinton); 0.00% (Bush); 0.00% (Reagan)

Political Ideology and Confirmation Process

• Supreme Court Confirmation Process

  • In February 2016, Chief Justice John Roberts criticized the dysfunctional Supreme Court confirmation process, which had recently become largely partisan.

  • Judges and justices require perceptions of independence from political affiliation.

  • Presidents prioritize nominations that solidify their legacies, aiming for ideological compatibility in nominations.

  • Trump aspired to appoint many young conservative judges to reshape the judiciary.

• Senate's Role: Advice and Consent

  • Article II of the Constitution grants the president the authority, with Senate approval, to appoint federal judges.

  • The process involves the Senate Judiciary Committee, which gathers information and recommends nominees for a Senate vote.

  • The blue slip process allows home-state senators to approve or veto nominees.

• Senatorial Courtesy

  • Today, senatorial courtesy is essential in selecting district court and appellate judges.

Judicial Legitimacy and Public Trust

• Public Perception Challenges

  • Trump’s public critiques of courts have raised concerns about judicial legitimacy and trust in the rule of law.

  • Historical concern exists among justices regarding partisanship and its impact on their perceived neutrality.

• Judicial Independence

  • Article III establishes life tenure for federal judges, promoting independence.

  • Appointed judges and justices must navigate between maintaining independence while responding to public sentiments concerning decisions.

Steps Towards Judicial Activism and Restraint

• Judicial Activism

  • Defined by the court’s role in policymaking, judicial activism reflects judges interpreting the Constitution as a living document.

• Judicial Restraint

  • This philosophy advocates that judges limit their powers and defer to elected branches unless constitutionally mandated.

Future Perspectives for U.S. Judiciary

• Judicial Influence on Policy

  • The judicial branch wields significant influence in shaping public policy, particularly concerning rights and liberties.

• Long-term Effects of Recent Appointments

  • The ideological composition of the Supreme Court is critical to policy decisions affecting social issues like abortion, health care, and civil rights.

• Public Trust in Judicial Institutions

  • Polling indicates fluctuating trust levels among partisans, with significant variances based on which party occupies the presidency.

Judicial Appointments by President Trump

Justice Nominations and Confirmations

• Clarence Thomas

  • Year: 1991

  • Nominating President: George H. W. Bush (R)

  • Confirmation Vote: 52-48

  • Year of Birth: 1948

• Ruth Bader Ginsburg

  • Year: 1993

  • Nominating President: Bill Clinton (D)

  • Confirmation Vote: 96-3

  • Year of Birth: 1933

• Stephen G. Breyer

  • Year: 1994

  • Nominating President: Bill Clinton (D)

  • Confirmation Vote: 87-9

  • Year of Birth: 1938

• John G. Roberts

  • Year: 2005

  • Nominating President: George W. Bush (R)

  • Confirmation Vote: 78-22

  • Year of Birth: 1955

• Samuel Anthony Alito

  • Year: 2006

  • Nominating President: George W. Bush (R)

  • Confirmation Vote: 58-42

  • Year of Birth: 1950

• Sonia Sotomayor

  • Year: 2009

  • Nominating President: Barack Obama (D)

  • Confirmation Vote: 68-31

  • Year of Birth: 1954

• Elena Kagan

  • Year: 2010

  • Nominating President: Barack Obama (D)

  • Confirmation Vote: 63-37

  • Year of Birth: 1960

• Neil Gorsuch

  • Year: 2017

  • Nominating President: Donald Trump (R)

  • Confirmation Vote: 54-45

  • Year of Birth: 1967

• Brett Kavanaugh

  • Year: 2018

  • Nominating President: Donald Trump (R)

  • Confirmation Vote: 50-48

  • Year of Birth: 1963

Demographics of Confirmed Judicial Nominees

• Total Confirmed by:

  • Trump: 33

  • Obama: 329

  • Bush II: 327

  • Clinton: 378

  • Bush Reagan: 193

  • Total: 383

Gender Demographics

• Males: 75.76% (Trump); 58.05% (Obama); 78.20% (Bush II); 70.60% (Clinton); 81.30% (Bush); 91.60% (Reagan)

• Females: 24.24% (Trump); 41.95% (Obama); 21.80% (Bush II); 29.40% (Clinton); 18.70% (Bush); 8.80% (Reagan)

Racial Demographics

• White: 90.91% (Trump); 64.13% (Obama); 82.20% (Bush II); 75.30% (Clinton); 89.10% (Bush); 93.90% (Reagan)

• African American: 0.00% (Trump); 18.84% (Obama); 7.30% (Bush II); 16.40% (Clinton); 6.70% (Bush); 1.80% (Reagan)

• Hispanic: 0.00% (Trump); 10.94% (Obama); 9.10% (Bush II); 6.60% (Clinton); 4.10% (Bush); 3.60% (Reagan)

• Asian Pacific American: 9.09% (Trump); 6.38% (Obama); 1.20% (Bush II); 1.30% (Clinton); 0.00% (Bush); 0.50% (Reagan)

• Native American: 0.00% (Trump); 0.30% (Obama); 0.00% (Bush II); 0.20% (Clinton); 0.00% (Bush); 0.00% (Reagan)

• Native Hawaiian or other Pacific Islander: 0.00% (Trump); 0.30% (Obama); 0.00% (Bush II); 0.00% (Clinton); 0.00% (Bush); 0.00% (Reagan)

Political Ideology and Confirmation Process

• Supreme Court Confirmation Process:In February 2016, Chief Justice John Roberts criticized the increasingly partisan Supreme Court confirmation process. This evolving dynamic is significant as judicial appointees are expected to maintain independence from political affiliations. Presidents often prioritize nominations that extend their legacy while seeking nominees with ideological compatibility.Trump specifically aimed to appoint young conservative judges to alter the judiciary's direction significantly. The confirmation relies on the Senate's role, where the Constitution allows the president to appoint federal judges with Senate approval. The Senate Judiciary Committee collects information, assesses nominees, and recommends appointments for a full Senate vote.

• Senatorial Courtesy:This convention is critical in choosing district court and appellate judges today. Senators from the state where a nominee resides have significant influence, with the ability to approve or reject nominees through a process known as the blue slip.

Judicial Legitimacy and Public Trust

• Public Perception Challenges:Public critiques from Trump regarding the judiciary have prompted concerns surrounding judicial legitimacy and faith in the rule of law. These critiques have heightened historical worries among justices about the influence of partisanship on their perceived impartiality.

• Judicial Independence:Article III of the Constitution establishes life tenure for federal judges, which is designed to ensure their independence. However, appointed judges must navigate the fine line between upholding independence and responding to public sentiment towards their decisions.

Steps Towards Judicial Activism and Restraint

• Judicial Activism:This approach is marked by the judiciary's active role in shaping public policy, with judges interpreting the Constitution as a living document adaptable to contemporary societal needs.

• Judicial Restraint:This philosophy advocates for judges to limit their power, primarily deferring to the elected branches of government unless there are clear constitutional mandates that necessitate judicial intervention.

Future Perspectives for U.S. Judiciary

• Judicial Influence on Policy:The judicial branch holds substantial sway in shaping public policy, particularly in areas of rights and civil liberties. Decisions made by the Supreme Court can have long-term implications, influencing socio-political landscapes, especially concerning contentious issues such as abortion, healthcare access, and civil rights protections.

• Public Trust in Judicial Institutions:Trust levels in judicial institutions vary significantly among different political party affiliates, as polling data demonstrates notable fluctuations based on which political party holds the presidency. This variance indicates that public confidence in the judiciary may often be contingent on the prevailing political climate and the leadership in place.