Mindless Democratic obstruction against Trump’s judges is unprecedented, and the numbers show it

Published February 21, 2019 8:53pm ET



The Constitution gives to the president the power to appoint federal judges, who then serve an average of nearly 25 years. While expanding judicial power naturally expands conflict over judicial appointments, the opposition to President Trump’s judicial nominees is of a different order altogether.

Senators opposing Trump’s judicial nominees cannot pretend that they are not qualified. The American Bar Association’s ratings are useful here because several studies (here, here, here, and here) have found systematic bias against Republican nominees. Overall, the ABA rated 63 percent of Trump nominees “well qualified” during his first two years, higher than Presidents George W. Bush or Bill Clinton. More than 74 percent of Trump’s nominees to the U.S. Court of Appeals were rated well qualified, compared to 71 percent for President Barack Obama, 66 percent for Bush, and 75 percent for Clinton.

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