Older Judges and Vacant Seats Give Trump Huge Power to Shape American Courts -
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By JOSH KATZ FEB. 14, 2017
In the weeks since taking office, President Trump has derided court decisions as “ridiculous”
and “disgraceful,” called the legitimacy of federal judges into question and encouraged people to blame the courts in the event of another terrorist attack.
But Mr. Trump could soon find himself responsible for appointing a greater share of federal court judges than any first-term president in 40 years, in large part
because of a growing number of older judges and a stack of vacancies on the federal courts.
Trump has been given quite the opportunity,” Mr. Malcolm said, noting
that there were about twice the number of vacancies on the federal bench as there were when Mr. Obama took office — “roughly an eighth of the judiciary
After Jimmy Carter took office, Congress established 152 new federal judgeships, expanding the federal judiciary by nearly 30 percent
and allowing Mr. Carter to stack the federal courts despite a presidency that lasted only one term.
There are 870 Article III federal court judgeships, the vast majority on district courts or appeals courts like the one
that recently upheld a halt on Mr. Trump’s immigration ban.
The most prominent example was the refusal to vote on Judge Merrick Garland’s nomination to the Supreme Court,
but the tactic extended to Mr. Obama’s lower court nominees as well.