If the GOP-controlled Senate confirms Barrett to the Supreme Court to replace the late Ruth Bader Ginsburg, Republicans may be able to fill Barrett’s seat on the 7th U.S. Circuit Court of Appeals too. Absent Barrett leaving the appellate level for the high court, there are no circuit court vacancies.
A Barrett confirmation to the Supreme Court would be expected to change the balance on the court for a generation. The jury is still out on whether his nominees on lower courts will add a similar conservative tilt, Wheeler said. About 60 percent of Trump’s appeals court nominees replaced those who were nominated by previous Republican presidents, according to Wheeler.
“If all his 53 appointments had replaced Democratic appointees, that would have made a big difference — but that’s not what happened,” he said.
Senators don’t get much input these days on circuit court judges in their states, but they do on the district level because Senate Judiciary Chairman Lindsey Graham, R-S.C., has said he continues to honor the blue-slip tradition for that level. Home-state senators return the small blue-tinted questionnaires, checked with “approve” or “oppose,” for judges on the district level.
Of the 161 judges confirmed to district courts with lifetime appointments, the most recent have been from states that have at least one Democratic senator. In the earlier part of the Trump administration, most district court judges confirmed were from states with two Republican senators.
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Trump says he's close to 300 judicial confirmations. That's not quite right - Roll Call
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