President Trump is unbelievably well-positioned to fill up federal courts with lifetime judges. He inherited a whopping 108 court vacancies when he became president ― double the number of vacancies President Barack Obama inherited when he took office.
The reason Trump gets to fill so many seats is partly because Obama was slow to fill court vacancies early in his tenure. But the main reason is Republicans’ years-long strategy of denying votes to Obama’s court picks. They refused to recommend judicial nominees, filibustered others, used procedural rules to drag out the confirmation process and, by Obama’s final year, blocked nominees they had recommended just to prevent him from filling more seats.
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Court vacancies have only increased since Trump took office, as older judges have steadily retired. Trump has already nominated more than three times as many judges as Obama had at this point in his presidency ― 21 compared with six for Obama.
With Republicans in control of the Senate, Trump’s court picks will have a relatively easy time getting confirmed, too. The chairman of the Judiciary Committee, Sen. Chuck Grassley (R-Iowa), has hinted that he may tweak the committee’s rules to make it easier for Republicans to advance some of Trump’s nominees without Democratic support. And once nominees make it to the Senate floor, it takes only 51 votes to advance their nominations and confirm them. There are 52 Republicans, which means they could confirm all of Trump’s district and circuit court nominees without a single Democratic vote.
It used to take 60 votes to advance district and circuit court nominees, but Senate Democrats changed the filibuster rule in 2013 in order to get around a Republican blockade on Obama’s court picks. Now Trump benefits from that change.
It is, in effect, the perfect combination of factors for conservatives eager to tilt the nation’s courts to the right. President Trump has piles of seats to fill, a list of nominees recommended to the White House by outside conservative groups, and a Republican Senate eager to confirm them.
“It is a huge opportunity,” said Carl Tobias, a University of Richmond law professor who specializes in judicial nominations. “The question is how quickly they will move in the future. A lot of what they’ve done so far is low-hanging fruit and pretty easy to do.” source