Trump Hasn’t Nominated New Judges Yet, But Voters Already Distrust Them

Written by Zack Ford
Senior Manager, Press and Editorial Communications

As the second Trump administration bombards us with illegal activity, we are relying on the courts to hold the line for the rule of law. There is now almost daily activity in the courts as a multitude of cases proceed against Trump’s actions. According to an Alliance for Justice Action Campaign poll from late January, voters overwhelmingly want to ensure the Senate acts as a strong check and balance on the president’s power, not ram through judicial nominees who will blindly support his unconstitutional agenda. Yet, even in the absence of nominees, voters already significantly doubt Trump’s plans for the courts, trends that have surely continued as the threat grows that he will simply ignore the orders of the third branch. 

In this turmoil, judges across the political spectrum have been blocking Trump’s illegal behavior, but judges appointed by President Biden are playing a notable role, including Judges Loren Alikhan, Amir Ali, Adam Abelson and Dale Ho. While we await the Trump administration’s first judicial nominees, voters made clear in the poll that the judges who sit on the federal bench are vitally important given their responsibility to protect our rights and privacy and the fact that they serve lifetime terms.

Only 44% of voters had confidence in Trump’s expected judicial nominees. They fear that his judges will only protect the wealthy and powerful while caring more about politics — and protecting Trump himself — than protecting the rule of law. 

The constitution gives the Senate a clear role in providing advice and consent for the president’s judicial nominees. Across the political spectrum, voters expect the Senate to dutifully weigh any nominees to the federal bench when fulfilling this duty. A whopping 71% of respondents said the Senate needs to take their time to carefully scrutinize each nominee rather than rush them across the confirmation finish line. By a two-to-one margin, they expect senators to take a holistic approach in considering nominees’ positions on legal and constitutional matters instead of just experience and character. 

Voters want a strong check and balance on the president’s powers, and they see the Senate’s scrutiny of judges as an important check on Trump. It’s not just enough to greenlight everyone except those who are obscenely unqualified. Even 65% of independents and a third of Republican respondents agreed that the standard must simply be higher. 

Meanwhile, 81% of voters also still want to see Congress take action to raise the ethical standards of the Supreme Court. While Trump may dominate the media spotlight, voters have not forgotten the corrupt behavior of several conservative justices, and confidence in the Court remains at a low 40%. 

One wonders how these numbers may have already shifted in the few weeks since they were collected. Trump’s willingness to engage in unlawful behavior has grown, while Vice President Vance and top White House lackey Elon Musk have both implied willingness to disobey the courts. Musk and some Republican members of Congress are even now floating efforts to impeach judges simply for ruling against the administration. While these notions are highly unrealistic, the rhetoric alone is concerning. 

While the administration has yet to start announcing judicial nominees, Trump’s cabinet appointments do not bode well for the integrity of the judges he might pick. When those first nominations come, it’ll be an important test of whether senators, and the voters who elected them, can tolerate even the possibility that Trump will further corrupt the judicial branch into enabling his democracy-threatening power grabs.