by First Liberty Institute • 3 minutes
A new research report published by the University of Virginia Law School titled “How Different Are the Trump Judges” measures the performance of Trump judges compared to judges appointed by other presidents.
The report analyzed data on active federal appeals court judges from January 1, 2020 to June 30, 2023. The study examined judges across three different measures: opinion production, influence (measured by citations), and independence or what they referred to as “maverick” behavior.
“Contrary to the prediction of underperformance, Trump judges outperform other judges, with the very top rankings of judges predominantly filled by Trump judges,” according to Stephen J. Choi of the New York University School of Law and Mitu Gulati of the University of Virginia School of Law, who authored the report. The report found that Trump judges “dominate[d]” the top 10 lists of all areas measured, including productivity and influence.
The report was published the same day that U.S. Senators returned to Washington D.C. last week, with what appears to be an urgency to confirm as many of President Biden’s nominees as possible—many with records that Minority Leader Mitch McConnell has called “alarming.”
The Senate has a narrow and limited window of time to confirm Biden’s nominees, especially if the President and his party intend on surpassing his predecessor on judicial confirmations.
Only eight weeks of the session remain for the Senate to confirm more than 30 judicial nominees—including six picks for federal appeals courts. The Senate will be in session for three weeks in September and then recess. That leaves five weeks after the election for the “lame duck” session.
According to Axios, “Senate Majority Leader Chuck Schumer (D-N.Y.) and senior White House officials are strategizing how to beat former President Trump’s record on confirming federal judges.” A total of 234 federal judges were confirmed during the Trump administration. As of September 16, 209 judges have been confirmed during Biden’s presidency.
If the Senate confirmed every judge awaiting action in the chamber right now, they would reach 241 confirmations — passing Trump’s number of 234, Axios estimates.
“Throughout the coming weeks, we will continue confirming the Biden-Harris administration’s well-qualified judges and nominees,” Schumer said in a letter to senators over the weekend.
Garnering enough support across the aisle appears to be the biggest hurdle for the administration. Minority Leader Mitch McConnell said in a floor speech that he and his party “are no more inclined today than we were in July to rubber-stamp radicals for the federal bench.”
Sen. Joe Manchin of West Virginia previously said he’d oppose any judicial nomination that failed to attract a Republican vote. But Manchin recently voted to advance the nomination of Kevin Ritz for the 6th U.S. Circuit Court of Appeals, even though it picked up no Republican support.
Even with Manchin’s change of heart, Senate Democrats may have a difficult time confirming several controversial nominees. “Besides the time crunch, Democrats have to get the necessary support to confirm a handful of nominees who’ve attracted bipartisan concerns,” Bloomberg Law reports. “Either way, it’s unlikely that Democrats will confirm all outstanding nominees before the year’s end.”
Americans who are concerned about the quality and record of pending nominees may find relief in recent reports, which say that “there’s no clear path forward” for appellate court pick Adeel Mangi, who has concerning affiliations to an anti-Semitic organization. Three senators have publicly refused to support his nomination: Sens. Jacky Rosen and Catherine Cortez Masto of Nevada, and Sen. Manchin.
Another nominee facing a tough confirmation battle is Mustafa Kasubhai. First Liberty previously explained that Kasubhai’s record is filled with views and legal theories far outside the mainstream. His record shows how radical gender ideology seeped into his courtroom rules as a magistrate judge. He advocates using “preferred pronouns” in court proceedings, official opinions and emails.
Federal judges make critical legal decisions about your religious freedom. First Liberty will continue to monitor judicial nominees and provide you with the facts if any of them have a radical or unacceptable record.
Read More:
Bloomberg Law: Time Running Out to Confirm Remaining Biden Judicial Picks
Axios: Schumer plots judges blitz in White House call
Axios: Manchin opens door for Schumer on judicial confirmations
Reuters: US Senate confirms 2 new judges as clock ticks for Biden nominees
Washington Examiner: Schumer deputy says ‘good fortune’ needed to beat Trump record on judges
Reason: How Different Are the Trump Judges?
First Liberty: Experts Warn: A Kamala Harris Administration Could Mean More Radical Judicial Nominees
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