Explore The NRA Universe Of Websites

Trump’s Federal Court Appointments Will Help to Preserve Our Rights for a Generation

Wednesday, January 31, 2018

Trump’s Federal Court Appointments Will Help to Preserve Our Rights for a Generation

Government doesn’t always move quite as fast as we’d like. In recent years, members of both major political parties have complained about historic Congressional inaction. The requirements of the Administrative Procedure Act can slow down executive branch efforts to repeal or amend regulations. While it can be frustrating when our friends are in power, the more deliberative aspects of our system of government are an important check that preserves our rights when circumstances are less advantageous.

However, an important avenue where President Donald Trump and our friends in the Senate have been able to move swiftly to push a pro-gun rights agenda is by exercising the president’s constitutional authority to appoint federal judges. Once confirmed, federal judges serve for life “during good Behaviour.” 

On May 18, 2016, candidate Trump signaled to the American voter that he understood the importance of the federal judiciary when he broke with convention and released a list of potential U.S. Supreme Court nominees. Exit polling data from 2016 observed that Trump’s emphasis on sound judicial appointments was a crucial factor in his victory. An NBC News poll showed that 27 percent of Trump voters cited Supreme Court appointments as their most important factor in voting, while only 19 percent of Clinton voters answered likewise. Moreover, 22 percent of all voters listed Supreme Court appointments as their most important factor in voting, up from seven percent in 2008.

When Trump took office he inherited 114 federal court vacancies from Barack Obama. In contrast, there were only 54 vacancies when Obama was inaugurated and 81 when George W. Bush began his presidency. Through November, nine of Trump’s U.S. Courts of Appeals nominees had been confirmed. Obama only notched three in his first year in office. In early November, before Trump secured the ninth confirmation, the New York Times lamented that the first eight was “the most this early in a presidency since Richard M. Nixon.” 

Even with Trump’s early victories, as of mid-December, the number of vacancies had swelled to 144. This number included 119 positions on the U.S. District Courts and 17 on the U.S. Courts of Appeals. Eager to fill these seats, as of press time Trump had nominated 44 individuals to serve; 34 to the district courts and 7 to the appellate bench. 

When Trump took office he inherited 114 federal court vacancies from Barack Obama. In contrast, there were only 54 vacancies when Obama was inaugurated and 81 when George W. Bush began his presidency.

Trump has stated that he plans to make the most of his historic opportunity. During an October 17 news conference with Senate Majority Leader Mitch McConnell, the president explained, “many [nominees] are in the pipeline,” adding, “we will set records in terms of the number of judges.”

Moreover, Trump has shown that he is dedicated to nominating individuals with a proper understanding of our Second Amendment. This began with Trump’s nomination of Supreme Court Justice Neil Gorsuch, who, less than three months after taking the bench, signed a blistering dissent of the Court’s decision not to take up a challenge to California’s may-issue carry regime. Trump has shown similar care in lower court appointments.

This fact has not gone unnoticed by gun rights opponents. Upon discovering that one of Trump’s district court nominees had written a 2013 blog post in support of NRA and the Second Amendment, Sen. Dianne Feinstein (D-Calif.) took the nominee to task for his pro-gun views. In her written questions for the nominee, Feinstein all but demanded that the nominee pledge to recuse himself from “cases involving the NRA or where the NRA had taken a position.” Feinstein also quizzed the nominee on why he became a member of NRA.

Gun control proponents aren’t wrong to be concerned about a pro-Second Amendment shift in the federal judiciary. Following the landmark District of Columbia v. Heller and McDonald v. Chicago Supreme Court decisions, the lower federal courts have played a significant role in interpreting the scope of the Second Amendment. Until the Supreme Court abandons its current reluctance take up Second Amendment cases, appellate court rulings on issues such as Right-to-Carry and commonly owned semiautomatic firearms will continue to be the law in their various districts.

Beyond strictly Second Amendment issues, federal judges are also asked to rule on the administrative state’s interpretation and enforcement of federal statute. Judges with a more comprehensive understanding of our rights should be more apt to remedy executive branch overreaches of the kind perpetrated by Obama and former-Attorney General Eric Holder.

At any given moment, NRA is involved in numerous federal court cases that run the gamut of issues that affect gun owners, from defending the Right-to-Carry, to protecting gun owners’ due process rights and privacy, to fighting illegitimate restrictions on the use of traditional ammunition. It’s impossible to know all of the federal litigation tomorrow will bring, but by prioritizing filling federal court vacancies, Trump and our Senate friends are helping to put gun rights supporters in a position to succeed for decades to come.

TRENDING NOW
ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

Nevada Supreme Court Upholds “Ghost Gun” Regulations

Monday, April 22, 2024

Nevada Supreme Court Upholds “Ghost Gun” Regulations

The Supreme Court of Nevada upheld Nevada’s regulations on so-called “ghost guns” in Sisolak v. Polymer80, holding that the statutes are not unconstitutionally vague.

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

Monday, April 22, 2024

Iowa: Governor Reynolds Signs Two Pro-Gun Bills into Law

On Friday April 19th, Governor Kim Reynolds signed House File 2586 and House File 2464 into law. The NRA would like to thank Governor Reynolds and the supporters in the Iowa legislature for their continued commitment to ...

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

News  

Monday, April 15, 2024

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

For quite some time, we’ve talked about Joe Biden and his gift for gaffes. Whether it is him losing battles with his teleprompter, his train of thought spectacularly derailing, forgetting which politicians have passed away, or simply mumbling ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.