What Judicial Nominations Could Look Like Under a President Harris or Trump

What Judicial Nominations Could Look Like Under a President Harris or Trump

October 4, 2024, National Law Journal

Nick Xenakis’ commentary was included in a National Law Journal about what judicial nominations could look like under a President Harris or Trump. Nick shares his insight on what to expect and trends he has noticed in judicial nominations.

Nick notes that the focus in recent administrations has been placed on putting younger judges on the federal courts who can remain in the position for a long time. That's likely to continue under either a Harris presidency or second Trump term. "I think [age] is a priority, amongst others," he said.

"Every administration has their criteria of this nominee they're looking for, whether it's professional diversity or adherence to a particular kind of legal interpretation, philosophy, whatever it is," Nick added. "Even though you might have that vision of the sort of nominee you're looking for, that still has to be filtered through the nominees that are available in those states and in those circuits."

Nick also observed that Harris joined the Senate Judiciary Committee in 2018 when she was a California senator and said she would walk into the White House with knowledge of how the judicial nominations process works. "She has direct experience with her time on the committee going through these hearings, understanding the pathway of nominees from nomination to the committee vote," he said. "I have to imagine that's going to help inform her strategy, if she's elected, in determining who to nominate and how to get them confirmed."