Trump poised to fill two influential appeals court vacancies

President Donald Trump is set to expand his imprint on the federal judiciary following the announcement of two upcoming vacancies on powerful U.S. Courts of Appeals.

Last week, Chief Judge Jeffrey S. Sutton, of the Sixth Circuit Court of Appeals, based in Cincinnati, and Chief Judge Debra Ann Livingston, of the Second Circuit Court of Appeals, in New York City, announced their plans to assume senior status later this year. Both judges were appointed by President George W. Bush. 

Judicial appointments have remained a central priority for the Trump administration, though vacancies on the federal appellate courts have been limited in recent years. The impending departures offer a significant opportunity to extend the administration’s influence over courts that routinely adjudicate consequential constitutional, regulatory, and commercial disputes.

The Sixth Circuit, which hears appeals from Kentucky, Michigan, Ohio and Tennessee, already holds a conservative supermajority. A new appointment there would likely reinforce the court’s existing ideological balance.

The Second Circuit presents a more consequential opening. Covering Connecticut, New York, and Vermont, the court presently maintains a narrow liberal majority. Given its prominent role in cases involving financial regulation, national security, and major civil litigation, a conservative appointment could have a meaningful impact.

The White House is expected to announce nominees in the coming weeks.