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
Ammunition Serialization: The Five-Cent Fiasco in Illinois

News  

Monday, March 30, 2026

Ammunition Serialization: The Five-Cent Fiasco in Illinois

Democrat officials in Illinois have long taken unabashed pride in the abridgement of Second Amendment rights, and their latest attempt at “bullet control” is again making headlines.

Connecticut: Pistol Ban Advances in the Legislature

Sunday, March 29, 2026

Connecticut: Pistol Ban Advances in the Legislature

Last week, the Connecticut Judiciary Committee voted to advance HB5043 - A bill championed by Governor Ned Lamount aimed at banning so-called "convertible pistols".

California Court’s “Technical Issue” Nullifies Background Checks

News  

Monday, March 30, 2026

California Court’s “Technical Issue” Nullifies Background Checks

California, already well known for its de-policing, non-prosecution, and other soft-on-crime policies, has taken enabling criminals to a whole new level.

Is Finland Looking to Emulate America’s Founding Era on Firearms?

News  

Monday, March 30, 2026

Is Finland Looking to Emulate America’s Founding Era on Firearms?

We’ve written before about Finland, a European nation with arguably better gun laws than the majority of the continent.  

“Gun Free Zones” Herd Honest Citizens into Physical and Legal Peril

News  

Monday, March 30, 2026

“Gun Free Zones” Herd Honest Citizens into Physical and Legal Peril

Never mind the homelessness, drug use, and routine violence … according to Empire State politicians, New York City’s transit system is a “sensitive place.”

Study: Entrenched and Intensifying Leftist Bias in Social Science Research

News  

Monday, March 30, 2026

Study: Entrenched and Intensifying Leftist Bias in Social Science Research

A new study by James Manzi of the U.K.’s Oxford University has now confirmed what everyday Americans have seen for themselves at college and university campuses across the country.

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Monday, March 23, 2026

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Today, the U.S. District Court for the Eastern District of California granted a stipulation for final judgment and permanent injunction in Safari Club International v. Bonta, under which the state conceded that its firearm advertising restriction is unconstitutional ...

NRA Seeks to Invalidate California’s Handgun “Roster” in Legal Challenge

News  

Monday, March 30, 2026

NRA Seeks to Invalidate California’s Handgun “Roster” in Legal Challenge

The National Rifle Association has taken legal action challenging California’s Handgun Roster, a regulatory regime that effectively bans most commonly owned handguns.

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to New York Law Targeting Firearms Industry

Monday, March 30, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to New York Law Targeting Firearms Industry

The National Rifle Association—joined by the Second Amendment Foundation, American Suppressor Association, and Independence Institute—has filed an amicus brief urging the U.S. Supreme Court to grant review in National Shooting Sports Foundation, Inc. v. James.

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.