Has anyone been tracking the record of Trump judges on sentencing and other criminal justice issues?
The question in the title of this post is prompted in part by this new NPR article headlined “Trump’s Impact On Federal Courts: Judicial Nominees By The Numbers.” Here is an excerpt:
President Trump can be a master of distraction, but when it comes to judges, his administration has demonstrated steely discipline. In the 2.5 years that Trump has been in office, his administration has appointed nearly 1 in 4 of the nation’s federal appeals court judges and 1 in 7 of its district court judges….
Legal observers say Trump and his Republican allies in the Senate have placed an unmistakable stamp on the federal judiciary, not only in ideology but in identity.
“What stands out to me is that President Trump is deliberately nominating the least diverse class of judicial nominees that we have seen in modern history,” said Kristine Lucius, executive vice president for policy at the Leadership Conference on Civil and Human Rights. “It is stunning to me that 2 1/2 years in, he has not nominated a single African American or a single Latinx to the appellate courts.”
In all, around 70% of Trump’s judicial appointees are white men….
Russell Wheeler, a visiting fellow at the Brookings Institution, said Trump has mostly replaced judges appointed by Republican presidents with his own candidates, adding to conservative majorities in courts based in the South and narrowing the margin in the 9th Circuit in San Francisco — a frequent target of the president’s attacks.
All the same, Wheeler said, the new judges of the Trump era are generally more conservative than the older ones winding down their careers. “When you replace a 70-year-old George W. Bush appointee who is slightly to the right of center with a 45-year-old movement conservative, obviously you’re not trading apples for apples,” Wheeler said.
On the Supreme Court, the record of Trump Justices on sentencing and other criminal justice issues has been interesting and intricate and not easily summarized. I suspect the same is true for all the Trump judges on the district and circuit courts, especially because the impact of “movement conservatives” on sentencing and other criminal justice issues can be quite unpredictable.