When a president serves two terms (as the last three have), they can have a significant impact of the face of the federal judiciary. An analysis by the New York Times focuses on President Obama’s federal appellate legacy. Interestingly, in looking at all of the circuits, only four (out of 13, including the Federal Circuit) now have majorities of active judges who were appointed by Republican presidents – and one of those is the Sixth Circuit. President Obama has only had the opportunity to make two appointments to the Sixth Circuit (Judges Stranch and Donald), although there is currently an open seat for Kentucky based on Judge Martin’s retirement. Only the Fifth Circuit, with two vacancies, has more than one vacancy right now – most are at zero or one. We will continue to monitor any developments related to the potential Kentucky nomination.
