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
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
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