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Biden Vs. Trump: Judicial Nominations And The Impact On The Courts

The statue Authority of Law by sculptor James Earle Fraser stands on the steps of the U.S. Supreme Court.
The statue Authority of Law by sculptor James Earle Fraser stands on the steps of the U.S. Supreme Court.
Chip Somodevilla/Getty Images

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Democrats have been weary of using the Supreme Court as a campaign issue. President Donald Trump and Republicans on the other hand didn’t shy away from the topic during the Republican National Convention. According to some political analysts, swing voters sided with Republicans in 2016 when it came to judicial nominations.

The Senate has appointed more than 200 federal judges under Trump’s presidency, The Hill reports. Trump, likely in an attempt to gain conservative support like in 2016, is expected to soon release a new list of potential Supreme Court justices. While Trump has pushed ahead with releasing an agenda for the courts, Biden has not. Political experts point to Biden’s inconsistent past with appointing judges as a problem this election cycle, arguing the former chairman of the Senate Judiciary Committee has a history of playing politics.

Today on AirTalk, Larry talks with political analysts about the role each candidate has played in the courts, how those roles are being leveraged in campaign strategies and what the long-term impacts could be. Do you have thoughts? Join the conversation by calling 866-893-5722. 


Ilya Shapiro, director of the Robert A. Levy Center for Constitutional Studies at the Cato Institute, his latest opinion piece in the Wall Street Journal is titled, “Why Biden Won’t Talk About Judges, his forthcoming book is “Supreme Disorder: Judicial Nominations and the Politics of America's Highest Court,” (Gateway Editions,  2020); he tweets @ishapiro

Kimberly West-Faulcon, law professor at Loyola Law School, her focus includes constitutional law; she tweets @KWestFaulcon