284 PART ThRee • InsTITuTIons of AmeRIcAn GoveRnmenT
Partisanship and Judicial Appointments
In most circumstances, the president appoints judges or justices who belong to the presi-
dent’s own political party. Presidents see their federal judiciary appointments as the one
sure way to institutionalize their political views long after they have left office. By 1993, for
example, Presidents Ronald Reagan and George H. W. Bush together had appointed nearly
three-quarters of all federal court judges. This preponderance of Republican-appointed
federal judges strengthened the legal moorings of the conservative social agenda on a
variety of issues, ranging from abortion to civil rights. President Bill Clinton, a Democrat,
had the opportunity to appoint 371 federal district and appeals court judges, thereby shift-
ing the ideological makeup of the federal judiciary. George W. Bush appointed 322 fed-
eral district and appeals court judges, again ensuring a majority of Republican-appointed
judges in the federal courts.Appointments by Bush. President George W. Bush also had the opportunity to fill two
Supreme Court vacancies, those left by the death of Chief Justice William Rehnquist and
by the retirement of Justice Sandra Day O’Connor. Bush appointed two conservatives to
these positions—John G. Roberts, Jr., who became chief justice, and Samuel Alito, Jr., who
replaced O’Connor. The appointment of Alito, in particular, strengthened the rightward
movement of the Court that had begun years before with the appointment of RehnquistTABLe 12–1: Background of supreme court Justices to 2014
Number of Justices
(112 = Total)Number of Justices
(112 = Total)
Occupational Position before appointment
Federal judgeship 31
Private legal practice 25
State judgeship 21
U.S. attorney general 7
Deputy or assistant U.S. attorney general 2
U.S. solicitor general 3
U.S. senator 6
U.S. representative 2
State governor 3
Federal executive post 9
Other 3
religious Background
Protestant 83
Roman Catholic 14
Jewish 7
Unitarian 7
No religious affiliation 1
educational Background
College graduate 96
Not a college graduate 16Political Party affiliation
Federalist (to 1835) 13
Jeffersonian Republican (to 1828) 7
Whig (to 1861) 1
Democrat 46
Republican 44
Independent 1
age on appointment
Under 40 5
41–50 33
51–60 60
61–70 14
Gender
Male 108
Female 4
race
White (non-Hispanic) 109
African American 2
Hispanic 1Sources: Congressional Quarterly, Congressional Quarterly’s Guide to the U.S. Supreme Court (Washington, D.C.: Congressional Quarterly
Press, 1996); and authors’ updates.9781285436388_12_ch12_271-296.indd 284 10/29/13 11:01 AM
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