Donald Trump, the 45th president of the United States from 2017 to 2021, entered office with a significant number of judicial vacancies, including a Supreme Court vacancy due to the death of Antonin Scalia in February 2016. During the first eight months of his presidency, he nominated approximately 50 judges, a significantly higher number than any other recent president had made by that point in his presidency. By June 24, 2020, 200 of his Article III nominees had been confirmed by the United States Senate. According to multiple media outlets, Trump significantly impacted the composition of the Supreme Court and lower courts during his tenure.
, the American Bar Association (ABA) had rated 220 of Trump's nominees. Of these nominees, 187 were rated "well-qualified," 67 were rated "qualified," and 10 were rated "not qualified." Seven of the nine individuals rated as "not qualified" were confirmed by the Senate.
According to Vox's Ian Millhiser, "There’s no completely objective way to measure legal ability, but a common metric used by legal employers to identify the most gifted lawyers is whether those lawyers secured a federal clerkship, including the most prestigious clerkships at the Supreme Court. Approximately 40 percent of Trump’s appellate nominees clerked for a Supreme Court justice, and about 80 percent clerked on a federal court of appeals. That compares to less than a quarter of Obama’s nominees who clerked on the Supreme Court, and less than half with a federal appellate clerkship. In other words, based solely on objective legal credentials, the average Trump appointee has a far more impressive résumé than any past president’s nominees." As of July 2020, the judges appointed by Trump are "85% white and 76% male; less than 5% are African-American," as a result of which the federal judiciary has become "less diverse" compared to previous administrations, according to an analysis by The Conversation.
List of unsuccessful federal judicial nominations Trump made 46 nominations for federal judgeships that were not confirmed by the Senate. Of these, 6 were withdrawn by President Trump, 32 expired at an adjournment of the Senate, and 8 were withdrawn by President Joe Biden after he took office.
NomineeCourtNominationdateDate offinal actionFinal actionSubsequent federaljudicial nominationsSeat filled byRef.Courts of appeals9th Cir.withdrawn by Pres. Trump Danielle J. Forrest5th Cir.returned to the presidentCory T. Wilson1st Cir.withdrawn by Pres. BidenGustavo GelpíDistrict courtsE.D.N.C.returned to the president Richard E. Myers IIM.D. Ala.returned to the presidentAndrew L. BrasherE.D. Tex.returned to the presidentSean D. JordanD.D.C.returned to the presidentCarl J. NicholsE.D. Wis.returned to the presidentBrett H. LudwigE.D. Okla.N.D. Okla.W.D. Okla.returned to the presidentJohn F. Heil IIID. Alaskareturned to the presidentJoshua KindredN.D.N.Y.withdrawn by Pres. TrumpAnne M. NardacciC.D. Cal.returned to the presidentHernán D. VeraS.D. Cal.withdrawn by Pres. Trump9th Cir. Todd W. RobinsonW.D. Mich.withdrawn by Pres. Trump Hala Y. JarbouD.N.M.returned to the presidentMargaret StricklandD. Conn.returned to the presidentOmar A. WilliamsS.D. Miss.withdrawn by Pres. Trump5th Cir. Taylor B. McNeelS.D. Cal.returned to the president Linda LopezC.D. Cal.returned to the presidentMaame Ewusi-Mensah FrimpongS.D. Cal.returned to the presidentJinsook OhtaC.D. Cal.returned to the presidentSherilyn Peace GarnettS.D. Cal.returned to the presidentRuth Bermudez MontenegroC.D. Cal.returned to the presidentKenly Kiya KatoS.D. Cal.returned to the presidentRobert S. HuieD. Nev.returned to the presidentCristina D. SilvaS.D.N.Y.returned to the presidentDale HoE.D.N.Y.returned to the presidentNusrat Jahan ChoudhuryS.D.N.Y.returned to the presidentS.D.N.Y. HerselfE.D. Cal.returned to the president Ana de AlbaM.D. Ala.withdrawn by Pres. BidenN.D. Ala. Bill LewisE.D. Cal.returned to the president Jennifer L. ThurstonD.N.M.returned to the presidentMargaret StricklandD.N.M.returned to the presidentMatthew L. GarciaE.D.N.Y.returned to the presidentE.D.N.Y. HimselfN.D.N.Y.returned to the president Anne M. NardacciE.D.N.Y.returned to the presidentNina MorrisonJohn M. GuardM.D. Fla.returned to the presidentTBDCourt of International TradeIntl. Tradewithdrawn by Pres. Biden Lisa WangArticle I courtsFed. Cl.returned to the president Richard HertlingFed. Cl.returned to the presidentEdward H. MeyersT.C.withdrawn by Pres. BidenKashi WayFed. Cl.withdrawn by Pres. TrumpArmando O. BonillaFed. Cl.withdrawn by Pres. BidenMolly SilfenFed. Cl.withdrawn by Pres. BidenZachary SomersCarolyn N. LernerFed. Cl.withdrawn by Pres. BidenArmando O. BonillaArticle IV courtsD. Guamwithdrawn by Pres. Biden TBD
Supreme Court Confirmed nominees Supreme Court of the United States
Neil Gorsuch (of Colorado): Trump announced the nomination of Gorsuch on January 31, 2017. The nomination was formally transmitted to the Senate on February 1, 2017. Judge Gorsuch's confirmation hearings started on March 20, 2017, and lasted four days. On April 3, the Judiciary Committee approved Gorsuch by an 11–9 vote. During the last day of committee hearings, Senate Minority Leader Chuck Schumer (D-NY) announced from the Senate floor that he would filibuster the nomination. Democratic opposition focused primarily on the complaint that the vacancy on the court was created by the death of Justice Antonin Scalia during President Barack Obama's administration, and therefore should have been filled by President Obama's nominee for the vacancy, Judge Merrick Garland. In response, Republicans hearkened back to November 2013 when Democrats invoked the nuclear option to fill three vacancies on the United States Court of Appeals for the District of Columbia Circuit. To counter the filibuster, Republicans invoked the nuclear option, ending debate with a simple majority vote and extending the rule that a simple majority could invoke cloture on all presidential nominations, including Supreme Court nominations. The Senate confirmed Gorsuch on April 7, 2017 by a 54–45 vote, with all Senate Republicans present voting to confirm along with three Democratic senators from states that voted heavily for Trump: Senators Joe Manchin (D-WV), Heidi Heitkamp (D-ND), and Joe Donnelly (D-IN). Brett Kavanaugh (of Maryland): Trump announced the nomination of Kavanaugh in July 2018. The nomination was formally transmitted to the Senate on July 10, 2018. Widespread opposition to his nomination emerged within the Democratic Caucus after allegations emerged that Kavanaugh had sexually assaulted fellow student Christine Blasey Ford back when he was in high school. The Senate would go on to confirm Kavanaugh on October 6, 2018, by a 50–48 vote. Except for Senator Lisa Murkowski (R-AK), all Senate Republicans voted to confirm Kavanaugh and except for Senator Joe Manchin (D-WV), all Senate Democrats opposed him. Murkowski announced her opposition to Kavanaugh, but instead of voting no, she voted present in order to pair her vote with Senator Steve Daines (R-MT), who was attending his daughter's wedding. Amy Coney Barrett (of Indiana): On September 26, 2020, weeks before the 2020 presidential election, Trump nominated Barrett to fill the vacancy left by the death of Justice Ruth Bader Ginsburg. On October 26, 2020, the United States Senate confirmed her nomination by a 52–48 vote. Democrats rebuked Republicans for violating the precedent they established in 2016 when they refused to consider Obama's nomination of Merrick Garland more than nine months before the end of his term. The 35 days between the nomination and the presidential election marked the shortest period of time between a nomination to the Supreme Court and an election in U.S. history.
Appellate nominees Failed nominees
United States Court of Appeals for the First Circuit Raúl M. Arias-Marxuach (of Puerto Rico): On November 13, 2020, Trump announced his intent to nominate Arias-Marxuach, a United States district judge for the United States District Court for the District of Puerto Rico, to serve as a United States circuit judge for the United States Court of Appeals for the First Circuit, to the seat vacated by Judge Juan R. Torruella, who died on October 26, 2020; the nomination was sent to the Senate on November 30, 2020. The nomination was considered controversial, as Trump had already lost the 2020 presidential election to Joe Biden when he announced it, although Arias-Marxuach himself was not controversial. Although he received a hearing before the Senate Judiciary Committee on December 16, 2020, no further action on his nomination was taken due to Republican Judiciary Committee chairman Lindsey Graham's opposition to processing the nomination out of committee during the lame-duck session of the 116th Congress. This resulted in the nomination's expiration at the end of the 116th Congress on January 3, 2021, upon which it was returned to the President, pursuant to Rule XXXI, Paragraph 6 of the rules of the Senate; later that same day, his renomination to the same seat was sent to the Senate. However, before the Senate could act upon the nomination and despite the outgoing Trump administration and Graham's attempts to invoke "senatorial courtesy" and recommend to President Biden—who took office on January 20—that he maintain Arias-Marxuach's renomination in the 117th Congress in light of the nominees's qualifications and drawing of bipartisan support, Biden formally withdrew the nomination on February 4, 2021. On May 12, 2021, Biden announced his selection of Gustavo Gelpí, the Chief Judge of the United States District Court for the District of Puerto Rico, for the position, with his nomination being sent to the Senate later that same day; Gelpí was later confirmed on October 18, 2021.
United States Court of Appeals for the Fifth Circuit Halil Suleyman Ozerden (of the Southern District of Mississippi): On June 11, 2019, Trump announced his intent to nominate Ozerden to serve as a United States Circuit Judge for the United States Court of Appeals for the Fifth Circuit. On June 24, 2019, his nomination was sent to the Senate. His nomination ran into opposition from some conservative groups and he faced skepticism from several Republican senators on the Senate Judiciary Committee. On September 12, 2019, Senator Ted Cruz announced his opposition to the nomination. The Judiciary Committee was scheduled to vote on recommending Ozerden on September 26, 2019, but the vote was postponed after Senator Josh Hawley joined Ted Cruz in his opposition to Ozerden's elevation to the Circuit Court. On January 3, 2020, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the Senate. Trump later nominated Cory T. Wilson in Ozerden's place, and Wilson was confirmed on June 24, 2020.
United States Court of Appeals for the Ninth Circuit