President Trump announced his first judicial nominee of his second term, kicking off what will be a historic next four years as he continues to build on the most consequential accomplishment of his first term by appointing even more bold and fearless judges. The stakes could not be higher as Democrat activist judges are actively sabotaging American voters, the presidency, our Constitution, and our country.
Trump nominated Whitney Hermandorfer to a Tennessee-based seat on the U.S. Court of Appeals for the Sixth Circuit. She is a brilliant legal mind and committed constitutionalist who has litigated critical First Amendment issues. Trump’s first nomination stands in stark contrast to the Obama- and Biden-appointed Democrat activist judges who have repeatedly attempted to sabotage the president’s core Article II executive powers during these first months of Trump’s historic second term. These anti-American judges, who side with Hamas supporters, MS-13 gang members, and no-show federal bureaucrats leeching on the taxpayer, need to be countered. Trump’s nominees promise a return to the original vision of a judiciary grounded in constitutionalism and judicial restraint.
During his 2016 campaign, Trump boldly and brilliantly ran on the issue of judicial nominations in an unprecedented way. He released a list of potential Supreme Court candidates from which he would choose to fill the vacancy arising from Justice Antonin Scalia’s death. This list of nominees set him apart from his rival at the time, Hillary Clinton. Had Clinton won, we would have been subjected to leftist judicial tyranny for at least a generation. Fortunately for the Constitution and the American people, Trump prevailed, and the country was rewarded with Justice Neil Gorsuch instead of Justice Merrick Garland. Given his horrendous and truly shameful service as attorney general, Garland would have been an unmitigated disaster had he received a lifetime appointment to the Supreme Court.
Trump did not stop after the confirmation of Gorsuch. Justice Brett Kavanaugh’s confirmation shifted the balance of the Court in 2018, as he replaced Anthony Kennedy, the pivotal justice in countless landmark cases. The coup de gras came in 2020, when Trump replaced liberal lion Ruth Bader Ginsburg with the more conservative Amy Coney Barrett. This dramatic shift paid dividends in short order and in many consequential ways.
In 2022, the Court overruled Roe v. Wade (1973) in Dobbs v. Jackson Women’s Health Organization and restored the issue of abortion to its rightful place: the states. The justices also strengthened the Second Amendment in New York State Rifle & Pistol Association v. Bruen, ruling that the Second Amendment requires ‘shall-issue’ concealed-carry permits. No longer can states have foggy standards where bureaucrats whimsically decide whether to allow citizens to carry concealed weapons. States must set forth standards, and citizens who satisfy those standards will be able to carry such firearms.
The next year, the Court put a stop to the practice of race-based college admissions policies in two cases involving Harvard and the University of North Carolina. Thanks to the rulings in Students for Fair Admissions, students must be evaluated based on merit. Conservatives had been trying for decades to eliminate affirmative action, just as they had abortion. Trump made these dreams come true. Last year, the Court struck a giant blow against the administrative state in Loper Bright Enterprises v. Raimondo, a decision that overturned the requirement that courts defer to administrative agencies when a statute is ambiguous.
He will look beyond the garden-variety Federalist Society choices and install a new generation of judicial titans who will change the landscape for generations to come in line with our Founders’ intent.
Just days after Loper Bright, the justices strengthened the presidency in Trump v. United States. There, the Court held that presidents are absolutely immune when exercising core Article II powers like pardons and at least presumptively immune for acts done within the outer perimeters of their official duties. This ruling enormously aided Trump against the lawfare perpetrated by the Biden Justice Department.
Trump’s judicial impact extended beyond the Supreme Court. He appointed 54 circuit judges in his first term, second only to President Jimmy Carter’s 56 in a single term. Carter benefited enormously from the Democrat-controlled Congress’s creation of 35 new circuit judgeships during his term. Congress created none for Trump. More importantly, Carter did not appoint any Supreme Court justices. Trump’s impact on the judiciary dwarfs Carter’s by any reasonable metric. Trump appointed only one fewer circuit judge in one term than did President Obama in two, and several of Obama’s appointees were to the Federal Circuit, a court with comparatively less impact than the other circuits on crucial issues. More importantly, Obama’s two Supreme Court appointments did not shift the balance of the Court; he replaced two leftist justices with two others. Trump also has an excellent chance to surpass President Ronald Reagan’s record for circuit confirmations of 83.
The accomplishments of Trump’s first term were excellent, but there is still work to be done. At times, the Supreme Court has been frustrating with rulings, mainly on the emergency docket with respect to Trump’s policies and the leftist inferior court judges who have enjoined them. Thanks to the Republican-controlled Senate—and a wider majority than existed in the first two years of his first term—Trump will select even more bold and fearless nominees. He will look beyond the garden-variety Federalist Society choices and install a new generation of judicial titans who will change the landscape for generations to come in line with our Founders’ intent.
Trump has assembled an excellent judicial nominations team in Attorney General Pam Bondi, White House chief of staff Susie Wiles, White House counsel Dave Warrington, and his deputy Steve Kenny to help him identify, vet, and nominate bold and fearless judges. The Article III Project, which I founded, is proud to support and assist their efforts and these excellent nominees, who will uphold the law and Constitution without fear or political consideration. We will continue to dedicate our resources and expertise to ensure only the most bold and fearless judges are nominated and confirmed to the bench.