by Jorge Gomez • 3 minutes
Since Inauguration Day, the Trump administration has signed a multitude of executive orders, many of which are expected to be beneficial for religious liberty. These orders will help put a stop to many of the attacks against religious Americans, as they reverse a litany of hostile and radical policies pursued by the previous administration.
While many gains will come from these orders, those wins are only guaranteed to last through the end of this administration. The next administration will have the power to reverse them through new executive orders. Judicial nominations, on the other hand, have an enduring impact, lasting far beyond the current administration. Strong, originalist judges can provide lasting protections for religious freedom for generations.
“As important as the president’s executive orders are, they will not outlive the next president that has a different perspective,” said Carrie Severino, president of the judicial advocacy group JCN.
“They could be gone with the stroke of a pen, whereas the judicial branch serves for life,” Severino added. “I think President Trump recognizes that, and I think his White House Counsel’s office recognizes that. I expect them to continue to make judicial selections a real priority.”
On Wednesday, Sen. Mitch McConnell— the longest-serving party leader in Senate history—announced that he will not seek reelection. As Majority Leader in the Senate, McConnell was instrumental in the confirmation of hundreds of judges.
“I felt that the way to get lasting impact is to put the right kind of men and women on the courts who hopefully will be there for a while,” McConnell said in a recent interview with 60 Minutes.
During the first Trump administration, the McConnell-led Senate confirmed Justices Neil M. Gorsuch, Brett M. Kavanaugh and Amy Coney Barrett.
Over the past eight years, the U.S. Supreme Court has issued several opinions protecting religious liberty, free speech and life. These include First Liberty’s landmark victories in our Coach Kennedy, Bladensburg Peace Cross, Treat Children Fairly and Faithful Carrier cases. Combined, these decisions have created a seismic change in the law favoring religious expression. Bad precedents that were in the law for decades have been overturned—and Americans are beginning to experience more religious liberty now than they’ve had in more than 50 years.
The results in those cases were dramatically affected by the composition of the Court, especially by the three justices that Trump appointed.
In addition to the Supreme Court, President Trump made a mark on the judiciary by appointing more than 230 judges, which included 54 judges to the courts of appeals and more than 170 to district courts. Many of the Trump judges serving on the bench for life are among the most committed to religious liberty and to upholding the original meaning of the Constitution.
“Sen. Mitch McConnell’s impact as leader of the Senate Republicans ripples throughout the judiciary,” CBS noted. “Under his leadership, the Senate confirmed three Republican-appointed Supreme Court justices and more than 200 lower-court judges, tilting the courts in favor of conservatives for a generation.”
Senate Leaders Begin Discussions with White House on Judicial Nominees
The administration has not yet announced any judicial nominees. But the first round of nominations could come soon. This week, Senate Judiciary Committee Chair Chuck Grassley started discussing judicial nominations with the White House, Politico reports.
The opportunity is ripe for the administration to make an impact on the judiciary, with about 40 vacancies currently available to fill. And the number of vacancies is also likely to jump much higher.
According to Reuters, more than 240 judges will be eligible to take senior status over the next four years. Senior status is a type of semi-retirement in which a judge may continue to hear cases, but their judicial seat is open and can be filled by the sitting president.
The President has said that he “will once again appoint rock-solid conservative judges” and reiterated his commitment to selecting the best and most qualified nominees. So, there’s hope that we will see more nominees and judges who will rule according to principle—and not personal preference or radical ideology.
Religious Americans confront increasing attacks on their rights. Now, more than ever, our federal courts need judges who are committed to protecting the Constitution, religious liberty and the rule of law.
First Liberty will continue evaluating the record of judicial nominees and providing the facts with the administration on which ones are best qualified to protect your religious freedom.
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