President Trump has flipped his first federal court after a recent confirmation. The court moved from majority Democrat to majority Republican under Trump’s control.
According to The Daily Wire:
Yesterday, the U.S. Senate confirmed, by a 54-45 vote, Paul Matey to be a judge on the U.S. Court of Appeals for the Third Circuit. The Third Circuit has federal appellate jurisdiction for the states of Pennsylvania, New Jersey, and Delaware. With the confirmation of Matey, the Third Circuit becomes the first of the 13 federal appellate circuits to “flip” control under President Donald Trump from majority Democratic nominees to majority Republican nominees.
As conservatives know all too well, the partisan identity of a nominating president is hardly an even remotely reliable indicator of a judge’s methodology and exegetical approach, once firmly ensconced on the bench. As but one example, despite having a firm “partisan” majority on the U.S. Court of Appeals for the Fifth Circuit, Second Amendment supporters were left disappointed last summer when the Fifth Circuit upheld, via an en banc vote, a controversial anti-gun federal statute.
Regardless, conservative legal commentator Ed Whelan, writing at National Review’s “Bench Memos” blog, has a full breakdown today of the current composition of the federal appellate courts based on the partisan identity of the judges’ nominating presidents (with “V” standing for “vacancy”):
President Trump also scored a victory in getting Naomi Rao confirmed to the D.C. Circuit. Rao is Supreme Court Justice Brett Kavanaugh’s replacement.