• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch

2

MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year

3

Current price of oil as of July 1, 2026

1

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch

2

MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year

3

Current price of oil as of July 1, 2026
LeadershipSupreme Court

Think President Trump Is About to Remake the Federal Judiciary? To Some Degree, He Already Has

Claire Zillman
By
Claire Zillman
Claire Zillman
Editor, Leadership
Down Arrow Button Icon
Claire Zillman
By
Claire Zillman
Claire Zillman
Editor, Leadership
Down Arrow Button Icon
July 8, 2018, 10:00 AM ET
WASHINGTON, DC - APRIL 10: Supreme Court Justice Neil Gorsuch,
WASHINGTON, DC - APRIL 10: Supreme Court Justice Neil Gorsuch, center, along side Justice Anthony Kennedy, right, listen as President Donald Trump speaks before the searing in ceremony of Gorsuch in the Rose Garden at the White House on April 10, 2017 in Washington, D.C. (Photo by Ricky Carioti/The Washington Post via Getty Images)Ricky Carioti—The Washington Post/Getty Images
Add Fortune on Google for similar content.

On Monday, President Donald Trump tapped his nominee to fill the Supreme Court vacancy left by Justice Anthony Kennedy, 81, who announced his retirement in late June.

With his pick of Appellate Court Judge Brett Kavanaugh to replace Kennedy, often the swing vote on the nine-person bench, Trump has the opportunity to dramatically alter the ideological make-up of the high court for a generation.

Pro-choice activists are concerned that Kavanaugh—if confirmed by the Republican-controlled Senate—is likely to overturn Roe vs. Wade, the 1973 Supreme Court decision that legalized abortion nationwide. Anti-abortion campaigners are hoping liberals’ fears are, in fact, realized. Trump’s pick, once on the bench, could also be a deciding factor in matters related to affirmative action, religious liberties, and capital punishment.

Monday’s announcement of Kavanaugh’s nomination follows the president’s successful selection of Justice Neil Gorsuch last year. And with two other current justices older than 75—Ruth Bader Ginsburg is 85 and Stephen Breyer is 79—Trump may have an opportunity to appoint a third or even a fourth justice during his time in the White House.

Needless to say, there is plenty of anticipation and drama swirling around Trump’s nominee. The attention is merited, given the high stakes, but it’s worth noting that Trump has already reshaped a large swath of the federal judiciary with much less fanfare.

Through May 31, Trump had seen the Senate confirm 21 of his nominees for appellate court judges, according to analysis by professors Rorie Solberg of Oregon State and Eric Waltenburg of Purdue. By comparison, President Barack Obama had appointed eight appellate judges through the same point in his second year in office. Presidents George W. Bush and Bill Clinton had appointed nine each.

Trump’s relative success on this front is due, in large part, to Republicans’ control of the Senate and the Democrats’ decision in 2013 to eliminate the filibuster on judicial nominees for lower courts. Democrats, in short, have little to no recourse against Trump’s judge picks. And there’s plenty of opportunity for Trump to fill even more seats at the appellate level. As of November, nearly half of the 150 active appeals court judges were eligible for or about to age into semiretirement status, a classification that allows for the appointment of a successor.

Across the entire federal bench, Trump has the chance to fill 216 out of 890 seats, according to Solberg and Waltenburg’s analysis in early June. And since 39% of his nominees will replace judges appointed by Democratic presidents, his picks will undoubtably move the judiciary to the right in ideological terms.

What’s more, Solberg and Waltenburg found that three-quarters of Trump’s confirmed judges through early last month were male; 90% were white. The demographics of his nominees are reversing a trend, on-going since the Clinton administration, that was reliably diversifying the bench.

While Trump is ahead of his predecessors in terms of appellate judges, he’s trailing when it comes to federal judicial appointments overall, meaning those at the district, appellate, and Supreme Court levels combined. Through May 31, he’d appointed 39. At that same point in their tenures, Obama had appointed 24, W. Bush had 57 and Clinton had 60.

In prioritizing judicial nominees to courts of appeal, Trump is seeking to leave his mark on an influential tier of the legal system that plays a big role in shaping U.S. law. The appellate courts typically have the last word on cases filed in the district courts below and precedent set there determines the rules for trial at the lower level. While the Supreme Court is the highest in the land, a minuscule number of cases make it that far. The appellate courts consider about 60,000 cases a year; the Supreme Court hears roughly 80.

About the Author
Claire Zillman
By Claire ZillmanEditor, Leadership
LinkedIn iconTwitter icon

Claire Zillman is a senior editor at Fortune, overseeing leadership stories. 

See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Leadership

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Leadership

The true cost of Donald Trump’s $2.2 billion year
NewslettersCEO Daily
The true cost of Donald Trump’s $2.2 billion year
By Diane BradyJuly 2, 2026
4 hours ago
Today, Emily Blunt is worth $80 million thanks to her Hollywood career—but she actually wanted to be a UN Spanish translator on $80K
SuccessCareers
Today, Emily Blunt is worth $80 million thanks to her Hollywood career—but she actually wanted to be a UN Spanish translator on $80K
By Orianna Rosa RoyleJuly 2, 2026
7 hours ago
Trump’s 927-page disclosure is just a normal Tuesday for direct indexing and crypto wealth managers
InvestingDonald Trump
Trump’s 927-page disclosure is just a normal Tuesday for direct indexing and crypto wealth managers
By Catherina GioinoJuly 1, 2026
16 hours ago
How foodservice giant Sodexo is embracing AI and robotics to reshape the kitchen
NewslettersCIO Intelligence
How foodservice giant Sodexo is embracing AI and robotics to reshape the kitchen
By John KellJuly 1, 2026
21 hours ago
U.S. Polo Assn. CEO J. Michael Prince
SuccessThe Promotion Playbook
U.S. Polo Assn. CEO was flat-out told he wasn’t right for a promotion—so he ‘outworked’ anyone else who wanted the job for 6 months straight until they changed their mind
By Orianna Rosa RoyleJuly 1, 2026
23 hours ago
Nikesh Arora, chief executive officer at Palo Alto Networks
SuccessJobs
CEO of $248 billion cybersecurity company says workers are about to face a ‘Darwinian moment’ thanks to AI: Evolve or get cut
By Emma BurleighJuly 1, 2026
23 hours ago

Most Popular

As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch
Big Tech
As Big Tech showers employees with perks to win the talent war, Nvidia built a nearly $5 trillion company by making people pay for their own lunch
By Marco Quiroz-GutierrezJuly 1, 2026
1 day ago
MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year
Success
MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year
By Sydney LakeJune 25, 2026
7 days ago
Current price of oil as of July 1, 2026
Personal Finance
Current price of oil as of July 1, 2026
By Joseph HostetlerJuly 1, 2026
1 day ago
Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster
Success
Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster
By Preston ForeJune 27, 2026
5 days ago
The Supreme Court's birthright citizenship ruling hands the U.S. economy a $7.7 trillion win
Newsletters
The Supreme Court's birthright citizenship ruling hands the U.S. economy a $7.7 trillion win
By Diane BradyJuly 1, 2026
1 day ago
Trump got a $78K pension from the Screen Actors Guild in 2025 because he appeared in Home Alone 2 in 1992
Politics
Trump got a $78K pension from the Screen Actors Guild in 2025 because he appeared in Home Alone 2 in 1992
By Sasha RogelbergJuly 1, 2026
21 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.