U.S. Senate Confirms 200th Federal Judge Under Trump Presidency

By 

David Fonseca

|
July 2, 2020

3 min read

Constitution

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At the ACLJ, we have been periodically updating you on the work the U.S. Senate has been doing to confirm judges at quite a rapid pace. Last week, upon confirming Judge Cory Wilson to the U.S. Court of Appeals for the Fifth Circuit by a tight vote of 52-48, the Senate reached a judicial milestone in confirming the 200th Article III judge during the Trump Administration. Since President Trump took office, the Senate has confirmed two Supreme Court Justices, 53 court of appeals judges, 143 district court judges, and two international trade judges.

At this point in his presidency, President Trump has outpaced his five previous predecessors. Only President Carter had more at this point in his first term, with 239. Judge Cory Wilson is the 53rd circuit court judge confirmed under President Trump. We applaud President Trump for working hard to nominate conservative judges and Senate Majority Leader Mitch McConnell for working hard to confirm these judicial nominees in the Senate.

Almost one third of all federal circuit court judges in the United States at this moment have been nominated by President Trump. The circuit court number is very important, since this is the level where a vast number of cases are decided. Anything that gets appealed from a district court is then normally reviewed by the circuit courts. As we always say, elections have consequences, and this is just one example of their utmost importance.

What makes this even more remarkable is that, with the confirmation of Judge Wilson, there are currently no circuit court vacancies in our entire federal judicial system. This is the first time in four decades there have been no vacancies on any circuit court. Mitch McConnell said, “Our work with the administration to renew our federal courts is not a partisan or political victory. It’s a victory for the rule of law and for the Constitution itself.”

This accomplishment is a huge milestone that will have a lasting impact for decades to come. Federal judges are important because they make up the part of our federal government that is tasked with properly and impartially interpreting the meaning and implications of the law. In order to do this effectively, judges must be unbiased and impartial, looking to the Constitution, statutory law, and appropriate established precedent for guidance. Judges should not be in the business of making their own laws based on their political opinions. The Constitution clearly gives that job to Congress under Article I.

At the ACLJ, we will continue to encourage the Trump Administration and the U.S. Senate to nominate and confirm constitutionally-minded judges who will uphold the Constitution and apply the law in an evenhanded manner. We welcome the historic progress that has been made, and the fact that there are no current vacancies on the circuit courts. We will always advocate for the nomination and confirmation of judges who will protect our Constitution for generations to come.

We recently discussed this issue on our daily radio program. You can watch the discussion and learn more here.