Comparative Analysis of Trump and Biden's Appeals Court Overhauls

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The scale and impact of the appeals court overhauls implemented by Trump and Biden differ significantly, even though Democrats could potentially approve more total judges.

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Trump's Overhaul

Trump's tenure saw a dramatic transformation of the federal judiciary, particularly the appellate courts. When he took office, there were 17 appeals court vacancies, and he had the opportunity to fill these and other vacancies created during his presidency. Trump's administration was particularly successful in flipping seats on appellate courts that were previously held by liberal or moderate judges to those held by hardline conservatives. This shift was facilitated by the maneuverings of Senate Republicans, led by then-Majority Leader Mitch McConnell, who blocked several of President Barack Obama’s nominees and kept seats open for Trump to fill.

Trump's appointments included influential judges like 5th Circuit Judge James Ho, DC Circuit Judge Gregory Katsas, and 9th Circuit Judge Lawrence VanDyke, who have written significant opinions on abortion, gender-affirming care, and other culture war issues. These judges have set precedents that lower courts must follow, making their rulings influential across large swaths of the country.

Biden's Efforts

In contrast, Biden has not been able to replicate Trump's transformation of the appellate courts. When Biden became president, there were only two circuit seats open, and he has faced a narrower Senate majority compared to the GOP's control during Trump's presidency. Despite these challenges, Biden has operated a well-coordinated confirmation machine, surpassing Trump's numbers in district court appointments and making progress in appellate courts. However, the impact of his appointments has not matched Trump's, as many of the vacancies Trump filled were more significant and had a greater influence on the judiciary's ideological balance.

Potential for More Judges

While Democrats could potentially approve more total judges, the structural impediments, such as the longest 50-50 Senate in history and a fraction of the vacancies inherited by the previous administration, have made it challenging for Biden to match Trump's impact. Biden's administration has focused on filling vacancies and ensuring a more balanced judiciary, but the long-term influence of his appointments will depend on future vacancies and the political landscape.

In summary, Trump's overhaul of the appeals courts was more extensive and impactful due to the significant number of vacancies he filled and the strategic appointments he made. Biden's efforts, while commendable, have not matched the scale or influence of Trump's judiciary transformation.