What party has nominated the most current appeals court judges?
Critical Analysis
Find answers to the following questions using the visual above, any links below, your big brain, and your knowledge of American government and politics:
According to the visual above, what was the last year there more more Democratic-nominated federal appeals court judges than Republican-nominated judges?
According to the visual above, how many more Republican-nominated judges on the federal court of appeals are there than Democratic-nominated judges?
Why does that matter?
How many appeals court judges and appeals court circuits are there total?
Donald J. Trump became president in January 2017. What happened to the number of Democratic-nominated judges on the federal court of appeals compared to the number of Republican-nominated judges in 2017?
This week, the Senate confirmed President Biden’s 100th judicial nominee. But Biden hasn’t been able to remake the judiciary like his predecessor. In their first terms in office, Obama appointed 30 appellate judges; President George W. Bush filled only 35 seats on the federal appellate bench; President Clinton, 30; President George H.W. Bush, 42; and President Reagan, 33. Trump filled 53. So far, half way through his first term, Biden has filled only 30 appeals court positions. As you can see in the visual above, there are still more Republican appeals court judges than Democrats. Explain why there aren’t currently more Democrats than Republicans on the federal appeals court?
As our politics have become increasingly partisan, judges have become an increasingly important metric of an administration’s success. Trump and then-Senate Majority Leader Mitch McConnell (R-Ky.) made a show of touting their work to revamp the federal judiciary (even as judges are supposed to be apolitical), and the Biden administration too has played up its own record-setting pace in confirming judges. But as Hamilton wrote in Federalist No. 78. The judicial branch is supposed to be independent. judges are not elected and they serve for lie. They are supposed to be above politics. Based on today’s visual and your knowledge of American politics, does the judiciary seem independent and apolitical?
The average age of an Obama judicial appointment was over 60, the average age of a Trump appointee is less than 50. Why does the age of a judge matter?
In 2018, the Circuit Courts of Appeals received almost 50,000 case filings. However, the Supreme Court only receives about 7,000 filings and hears about 100 cases a year, meaning that the circuit courts have the last word on so many issues that affect everyday people. Many critics argue that instead of being concerned about the makeup of the U.S. Supreme Court, Americans should worry more about the composition of the U.S. Appeals Courts. How would you respond to this debate?
Based on the political differences between Democrats and Republicans give a concrete example of how Democratic and Republican appeals court judges might disagree on a current political issue.
Write and Discuss
Take ten minutes to write about the question at the top of the page and then discuss with your classmates.
Act on your Learning
Contact your U.S. Senator and let them know what you think about President Biden'’s judicial appointments.
Get Creative
Imagine that the American justice system were a fruit or vegetable. What fruit or vegetable would they be?
Learning Extension
U.S. Federal Courts Map
