How Trump wields unprecedented control over America's judiciary

By announcing lists of candidates for high court appointments, Trump influences the behavior of sitting federal judges

Trump's long shadow.
(Image credit: Illustrated | Images courtesy Getty Images, iStock)

In less than a year, President Trump has made enough appointments to the federal courts to "reshape the judiciary." That is not an overstatement. Thanks to Republican obstruction during the last two years of Barack Obama's presidency, an unusually large number of openings on the courts greeted Trump, including the Supreme Court seat now occupied by Justice Neil Gorsuch.

But aside from the obvious impact that a large number of Trump appointees will have on the judiciary, there is another way in which the president is breaking with precedent to influence judicial decision-making. Recent research in political science demonstrates that by explicitly naming judges as potential future Supreme Court nominees, Trump increases the likelihood of judges attempting to pander to his preferences in their behavior from the bench.

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Edward Burmila

Ed Burmila is an Assistant Professor of Political Science at Bradley University. He lives in Chicago and blogs politics at Gin and Tacos.