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:

1. According to the visual above, how many of the 9 Supreme Court Justices were nominated by Republicans?

2. Which of the three levels of Federal courts is the most balanced by party affiliation?

3. How many federal district courts are there in the U.S. of A.?

4. During his first term in office, the Senate confirmed 234 of Trump's judicial nominees to the Article III (federal) courts, which include the Supreme Court, federal appeals courts, district courts and U.S. Court of International Trade. But Mr. Biden is fast approaching that number for his four years in office, with the Senate approving 217 of his candidates for the federal bench so far. There are 44 current vacancies, and 14 nominees awaiting action by the upper chamber (Senate), according to the Judicial Conference. If all 14 of those Biden nominees are approved and confirmed by the Senate how many vacancies will be left open?

5. If you were an Article III judge thinking of retiring right now, how would your party affiliation impact the likelihood of your retirement?

6. 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?

7. There is a much higher percentage of Republican appointees on the Supreme Court than on the federal district courts. The Supreme Court hears about 75-80 cases a year. U.S. federal district courts hear about 300,000 cases a year. Based on what you know about American government and politics, which of the levels of the federal judiciary woudl it be more important for a party to control?

8. 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?

9. 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?

10. 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 over these last few weeks of his term.

Get Creative

Imagine that the American justice system were a fruit or vegetable. What fruit or vegetable would they be?

Learning Extension