USA TODAY International Edition

Trump’s picks for court seats skew white

Out of 87 nominees, seven are minorities

- Richard Wolf

WASHINGTON – President Trump’s search for deeply conservati­ve federal judges hasn’t turned up many African Americans or Hispanics.

Among Trump’s first 87 judicial nominees, only one is African-American, and one is Hispanic. Five are Asian Americans. Eighty are white.

The demographi­cs signal a return to the 1980s, when 94% of President Reagan’s confirmed judges were white. Since then, minority enrollment in law schools has nearly tripled.

The past four presidents, both Republican and Democratic, filled at least 10% of open seats on the federal bench with black or Hispanic nominees. More than a third of President Obama’s confirmed judges were minorities.

“It is most unfortunat­e,” said Kristen Clarke, president of the Lawyers’ Committee for Civil Rights Under Law. “It turns the clock back on years of work and effort that went into promoting judicial diversity.”

Nan Aron, president of the liberal Alliance for Justice, suspects the administra­tion’s goal is to have strict conservati­ves at all costs.

“These nominees are the product of years-long grooming and a networking process that was put in place by the Federalist Society,” Aron said. “They are picking from the most ideologica­lly extreme end of the spectrum.”

Unlike President George W. Bush, who chose 18% minority judges, the new administra­tion has made an effort to find candidates who adhere to the twin judicial philosophi­es of originalis­m and textualism — strict adherence to the Constituti­on and federal law.

“Working with the Senate, we are appointing judges who will interpret the Constituti­on as written, including a great new Supreme Court justice and more circuit court judges than any new administra­tion in the history of our

“President Trump isn’t looking for people to fit a quota. He’s looking for people with a principled judicial philosophy.” Carrie Severino Chief counsel at the Judicial Crisis Network

country,” Trump said in his State of the Union address last month.

He cited gun rights and religious liberty as priorities.

Senate Republican­s who confirmed those appeals court judges at a record pace herald the change.

“President Trump had more new circuit court judges confirmed in his first year than any prior president, a testimony to the fine quality of the nominees he sends here to the Senate,” said Majority Leader Mitch McConnell, R-Ky.

Carrie Severino, chief counsel at the conservati­ve Judicial Crisis Network, which has promoted and applauded Trump’s nominees, said quality is more important than quotas.

“President Trump isn’t looking for people to fit a quota. He’s looking for people with a principled judicial philosophy,” she said. “The fundamenta­l question is making sure we have judges who are going to be faithful to the Constituti­on.”

The president has nominated five Asian Americans for judgeships, including James Ho, the first to serve on the U.S. Court of Appeals for the 5th Circuit covering Texas, Louisiana and Mississipp­i. Two others have come from McConnell’s home state, Kentucky.

Alabama’s Terry Moorer is the lone African-American nominee and Texas’ Fernando Rodriguez the lone Hispanic. Both were nominated for district courts.

The trend toward white judges is changing the face of the nation’s courts:

❚ Trump selected white nominees for 10 seats that Obama unsuccessf­ully sought to fill with minorities.

❚ The 5th Circuit appeals court soon will have no Hispanic judges, down from three during Obama’s first term. Nearly 4 in 10 Texas residents are Hispanic.

❚ The 7th Circuit appeals court has no minority judges. Illinois is about 40% minority, and Indiana and Wisconsin are about 20%.

“Why can’t they find any diversity, or why aren’t they trying to find any diversity?” said Kang, who managed Obama’s judicial nomination­s for four years. “There are some really conservati­ve judges out there who are also people of color.”

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