- The first three candidates all sit on the Fifth Circuit: U.S. Circuit Judges Stuart Kyle Duncan, Andrew S. Oldham and James C. Ho.
- Next on the list is Sixth Circuit Judge Amul Thapar, who was appointed to the court by Trump in 2017 and has quickly become one of the leading so-called feeder judges whose clerks appear more likely to later clerk at the Supreme Court.
- Another top feeder judge, D.C. Circuit Judge Gregory G. Katsas was appointed to the appellate court by Trump in 2017.
- Ninth Circuit Judge Lawrence VanDyke, who was appointed to the court by Trump in 2020, could also be on the president's shortlist if a Supreme Court vacancy arises. He is the former solicitor general for Nevada and Montana and has practiced law privately at Gibson Dunn. He also clerked for D.C. Circuit Judge Janice Rogers Brown, and earned his law degree from Harvard Law School.
Bloomberg Law has Liberals Face More Conservative Courts to Fight Trump Policies -- Circuit courts have become more conservative since 2017
- Half of the 12 geographic circuit courts have a majority of judges appointed by Republican presidents, up from a third eight years ago. And some of the most historically liberal benches, including the San Francisco-based US Court of Appeals for the Ninth Circuit, are trending rightward with only a narrow liberal majority.
- Before Trump took office, there were 81 appellate judges appointed by Democratic presidents and 68 by Republicans, plus some vacancies. There now are 86 active circuit judges appointed by Republicans compared to 79 by Democrats
- Trump tipped the ideological balance of the Philadelphia-based Third Circuit, the Atlanta-based Eleventh Circuit, and the New York-based Second Circuit. Biden managed to flip the majority back at the Second, but didn’t flip ideological control of any other circuits.
- Trump also left his mark on traditionally liberal circuits. He secured 10 nominees on the Ninth Circuit and five on the New York-based Second Circuit. ... Thirteen of the Ninth Circuit’s 29 judges and six of the Second Circuit’s 13 members were appointed by Republicans.
- Trump flipped 17 circuit seats, including three on the Ninth. ... Biden flipped nine seats, and none were on the Ninth Circuit.
Bloomberg Law also has Second Trump Term Opens Door to Even More Conservative Judges
- The incoming president will rely less heavily on establishment Federalist Society conservatives as he seeks judges who will rule in his favor. He appointed 234 judges in his first term [including 3 SCOTUS justices] The Democratic-led Senate has confirmed 213 of Joe Biden’s appointees.
- There are 25 circuit judges eligible for retirement next year.
- As of Tuesday, 47 federal judicial seats are vacant, and 20 more are occupied by judges who have announced plans to assume senior status.
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