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80 Wash. & Lee L. Rev. Online 1 (2022-2023)

handle is hein.journals/waleelro80 and id is 1 raw text is: How Biden Could Keep Filling the Federal Circuit Court Vacancies Carl Tobias* Abstract In October 2020, Democratic presidential nominee Joe Biden speculated that the fifty-four talented, extremely conservative, and exceptionally young, appellate court judges whom then-President Donald Trump and two relatively similar Grand Old Party (GOP) Senate majorities appointed had left the federal appeals courts out of whack. Problematic were the many deleterious ways in which Trump and both of the upper chamber majorities in the 115th and 116th Senate undermined the courts of appeals, which are the courts of last resort for practically all lawsuits, because the United States Supreme Court hears so few appeals. The nomination and confirmation processes which Trump and the Republican Senates instituted and the numerous extraordinarily conservative judges whom they confirmed undercut appellate court diversity in terms of ethnicity, gender, sexual orientation, ideology, and experience; the appointments procedures; and citizen respect for this critical responsibility's discharge, the presidency, the Senate, and the federal bench. Peculiarly important, some cases which Trump appointees have * Williams Chair in Law, University of Richmond School of Law. I wish to thank Margaret Sanner, Jane Baber, Emily Benedict, Katie Lehnen, Carley Ruival, and Jamie Wood for their valuable substantive and stylistic suggestions, Leslee Stone and Ashley Griffin for their exceptional word processing, the Washington and Lee Law Review Online Managing Editor Lidia Kurganova for her expeditious, careful, and flexible editing, for patience, and for sound advice, the University of Richmond Law Library Staff, especially Paul Birch, Alex Hutchings, and Joyce Janto, for their excellent research, as well as Russell Williams and the Hunton Andrews Kurth Summer Endowment Research Fund for their generous, continuing support. I assume complete responsibility for any errors that remain in this piece. 1

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