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CHRISTIANSEN
TRUMPS JUDGES:
THE UNITED STATES JUDICIARY AND THE
TRUMP PRESIDENCY
Universitat de Valncia
THURSDAY, APRIL 30, 2017
PROFESSOR ERIC C. CHRISTIANSEN
Professor of Law, Golden Gate University (San Francisco, California USA)
Visiting Professor of Law, Faculty of Constitutional Rights, Universidad de Valencia
2016-17 Senior Fulbright Research and Teaching Scholar in Spain
BIAS?
MY QUESTIONS
VACANCIES
Appointment power generally: 118 of 900 federal
[the President] shall have the Power judgeships
and by and with the Advice and Consent 99 District Court Judges (of
of the Senate, shall appoint Judges 701)
18 Courts of Appeal Judges
of the supreme Court [and all other
(of 178)
federal courts]
1 Supreme Court Justice
Current federal court vacancies `[Judges] both of the supreme and
inferior Courts, shall hold their
Nomination & Confirmation process
Offices during good Behavior, and
shall receive Compensation not to
Legal Independence of Judges
be diminished [while] in Office
U.S. Constitution, II.2.2
THE SUPREME COURT OF THE UNITED STATES
PREDICTION?
Judge Neil McGill
Gorsuch
THE WORK OF THE DEPARTMENT OF JUSTICE AND SOLICITOR
GENERAL
SOLICITOR GENERAL
Administrations advocate: choose cases, choose position, etc
ex.s Obama and same-sex marriage Trump and transgender
discrimination
Tenth Justice
THE WORK OF THE DEPARTMENT OF JUSTICE AND SOLICITOR GENERAL
SPECULATING ON LITIGATION PRIORITIES
Trump Administration is
expected to be the most
litigated presidency in
history.
Unconstitutional orders
Impatience with legally-
required methods
Lack of government
experience
Minimal mandate
Strong, funded opposition for
civil society organizations:
ACLU and other legal groups
INDEPENDENCE AND POPULAR LEGITIMACY
OF THE U.S. JUDICIARY