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This Election Is Also a Choice Between Two Visions of the Federal Courts

Judges have vast influence over the biggest political questions. An analysis of President Biden and Donald J. Trump’s nominees found stark differences that could emerge again after November.

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A close-up photo of the U.S. Supreme Court building.
President Biden and former President Donald J. Trump both understood the judiciary’s powerful sway over American life: Mr. Trump succeeded in naming more federal judges in a single term than any president since Jimmy Carter, and Mr. Biden is close behind.Credit...Tierney L. Cross for The New York Times

By Mattathias Schwartz and June Kim

Federal judges have always wielded great influence. But as Congress has failed to pass major legislation in recent years on issues like abortion, immigration and gun ownership, the courts have assumed a more pronounced role, setting the agenda on some of the country’s most divisive questions.

When voters pick the next president, they will also be choosing between two visions of the federal judiciary. Federal judges are nominated by the president and confirmed by the Senate, and almost all will serve for life, shaping American law for generations.

President Biden and former President Donald J. Trump both understood the judiciary’s powerful sway over American life. Mr. Trump succeeded in naming more federal judges in a single term than any president had since Jimmy Carter, and Mr. Biden is close behind.

Today, around half of all federal judges were nominated by one of the two most recent presidents. A New York Times analysis of their choices found stark differences among them in ideology, demographics and prior experience that could emerge again after November.

Trump named more federal judges in a single term than any president since Jimmy Carter. Biden is close behind.

Number of federal judge confirmations each term, since 1977

Note: This chart and others omit some types of federal judges, including immigration judges, veterans' appeals judges and other judges not appointed under Article III of the Constitution.

Source: Federal Judicial Center

By June Kim

The next president will very likely take office with roughly 40 vacancies to fill. Many more openings can be expected over the next four years because of deaths, retirements and resignations. And successfully filling those vacancies will largely depend on control of the Senate.

Judges’ political ideology tends to reflect the party of the president who nominated them.

Methodology: The ideology score is based on a research that analyzed political campaign donations of judges made before becoming federal judges.

Source: Stanford University, Social Science Data Collection

By June Kim

Biden nominated significantly more women and non-white judges to the federal courts than Trump.

Source: Federal Judicial Center

By June Kim

Federal judiciary by nominating president.

Source: Federal Judicial Center

By June Kim

How each circuit court of appeals leans based on the party of nominating presidents.

Source: Federal Judicial Center

By June Kim

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