Balancing the Scales or Stacking the Deck? the President's Ability to Appoint Majorities on the Circuit Courts of Appeals

White House Studies, Vol. 8, Issue 4, 2009

16 Pages Posted: 11 Oct 2013

See all articles by Todd A. Collins

Todd A. Collins

Western Carolina University - Political Science

Date Written: March 10, 2009

Abstract

The president’s ability to influence public policy through judicial appointments is one of the few powers that cannot be undone by future administrations. This article examines the president’s ability to shape the personnel on the Federal Court of Appeals. Specifically, this article determines how often presidents are able to appoint a majority of the active judges on the circuit courts. Appointing a majority of the judges within a circuit provides the executive with a clear ability to influence public policy within the circuit and potentially influence cases outside the circuit as well. Examining all circuit court appointments since 1933, this research finds that, on average, presidents are able to appoint new majorities in two of the 12 regional circuits per four-year term.

Keywords: presidential appointments, courts circuit courts, judges

Suggested Citation

Collins, Todd A., Balancing the Scales or Stacking the Deck? the President's Ability to Appoint Majorities on the Circuit Courts of Appeals (March 10, 2009). White House Studies, Vol. 8, Issue 4, 2009, Available at SSRN: https://ssrn.com/abstract=2338520

Todd A. Collins (Contact Author)

Western Carolina University - Political Science ( email )

United States

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