Trump Is Remaking The Courts In His Image: White, Male and Straight

He's nominated 87 people to be lifetime federal judges. They're about as diverse as a casting call for “Mad Men.”
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Supreme Court Justice Neil Gorsuch (left) is the demographic epitome of the Trump judge.
Carlos Barria / Reuters

WASHINGTON ― More than a year into his presidency, Donald Trump is making the nation’s courts look a lot more like him: white, male and straight.

To date, Trump has nominated 87 people to be judges with lifetime tenure on U.S. district courts, circuit courts or the Supreme Court. Eighty of them are white, or nearly 92 percent. One is black, one is Latino and five are Asian or Pacific American. He hasn’t nominated any Native American judges.

Put another way:

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That's a lot of bland pie.
Jennifer Bendery/HuffPost

The president also keeps nominating men. Sixty-seven of his court picks are male, compared to 20 who are female.

That translates to about 77 percent being men:

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In this chart, Pac-Man is men and the empty space is women.
Jennifer Bendery/HuffPost

Trump hasn’t nominated any openly LGBTQ people to the federal courts.

It’s even more apparent how homogenous Trump’s picks are when compared to his recent predecessors. A Congressional Research Service analysis looked at the first 26 district and circuit court nominees from the last four presidents: Bill Clinton’s were 73 percent white, George W. Bush’s were 81 percent white, Barack Obama’s were 46 percent white, and Trump’s were 96 percent white.

Advocates for a more diverse federal bench say it’s crucial that the nation’s courts reflect the demographics of the populations they serve.

“People of color, LGBT individuals and women can supply effective, nuanced ‘outsider’ perspectives and insights about critical questions regarding abortion, criminal law, employment discrimination and related complicated issues,” said Carl Tobias, a University of Richmond law professor and expert on the federal judicial nomination process.

Brad Berry, general counsel for the NAACP, called Trump’s court picks “troubling.”

“The varied life experiences that judges bring to the bench quite often inform their views on the questions presented to them for decision,” Berry said. “It is for that reason that diversity on the bench ― racial, ethnic and gender ― is so critically important to the fair operation of our judicial system and, equally important, to the perception of fairness in that system.”

In addition to being overwhelmingly white, male and straight, Trump’s court picks are very conservative. Some have records of being hostile to the voting rights of black people. Others have records of being incredibly anti-LGBTQ. A number of them have argued against women’s reproductive rights.

Members of the Congressional Black Caucus have been criticizing the president for months over his judicial nominees. Not only has he selected just one black person to be a judge ― Terry Moorer, a nominee to the U.S. District Court for the Southern District of Alabama ― but he has infuriated civil rights leaders with another nominee, Thomas Farr, who defended North Carolina’s voter suppression law and racially discriminatory gerrymandering.

“Because African-Americans have always been disproportionately affected by federal court decisions, the Congressional Black Caucus is virtually obligated to investigate the fairness of the federal judiciary, no matter who is president,” Del. Eleanor Holmes Norton (D-D.C.) said during a caucus forum in January on judicial diversity.

“These lifetime appointments will have monumental impacts on the future of the nation and on all Americans, none more so than on African-Americans and others seeking an equal place in our country,” she said.

HuffPost reached out to the White House to ask why Trump keeps nominating white men to be judges, and if he plans to nominate more diverse people going forward.

Spokesman Hogan Gidley said their nominees have all been wonderful.

“The President has delivered on his promise to nominate excellent judges, beginning with Justice Gorsuch, and he will continue nominating outstanding candidates,” Gidley said. “We appreciate the hard work of [Senate Judiciary Committee] Chairman [Chuck] Grassley and [Senate Majority] Leader [Mitch] McConnell, and we urge the Senate to confirm all of the remaining nominees because it’s what the American people deserve.”

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Before You Go

Supreme Court Justices Get Out Of The Office
Sonia Sotomayor(01 of14)
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Supreme Court Justice Sonia Sotomayor throws out the ceremonial first pitch before the New York Yankees play the Boston Red Sox in a baseball game at Yankee Stadium in New York. (AP Photo/Bill Kostroun) (credit:AP)
Elena Kagan(02 of14)
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Supreme Court Justice Elena Kagan, center, stands on the field during batting practice before a baseball game between the Washington Nationals and the Arizona Diamondbacks at Nationals Park in Washington. (AP Photo/Pablo Martinez Monsivais) (credit:AP)
Samuel A. Alito(03 of14)
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United States Supreme Court Associate Justice Samuel A. Alito, Jr. throws out the ceremonial pitch before a baseball game between the Oakland Athletics and Texas Rangers Wednesday, June 19, 2013, in Arlington, Texas. (AP Photo/Tony Gutierrez) (credit:AP)
Ruth Bader Ginsburg (04 of14)
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U.S. Supreme Court Justice Ruth Bader Ginsburg waves to the crowd before discussing Roe vs. Wade case on its 40th anniversary at The University of Chicago Law School in Chicago. (AP Photo/Paul Beaty) (credit:AP)
Antonin Scalia(05 of14)
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US Supreme Court Associate Justice Antonin Scalia poses for a photo during the White House Correspondents’ Association Dinner in Washington, DC. (BRENDAN SMIALOWSKI/AFP/Getty Images) (credit:Getty Images)
Sonia Sotomayor(06 of14)
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U.S. Supreme Court Justice Sonia Sotomayor pushes the Waterford crystal button that signals the descent of the New Years Eve Ball in Times Square in New York. (Photo by Charles Sykes/Invision/AP) (credit:AP)
Antonin Scalia(07 of14)
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Surrounded by security, Supreme Court Justice Antonin Scalia walks October 10, 2005 in the annual Columbus Day Parade in New York City. (Photo by Spencer Platt/Getty Images) (credit:Getty Images)
Samuel A. Alito, Jr.(08 of14)
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United States Supreme Court Associate Justice Samuel A. Alito, Jr., left, participates in a fireside chat event with the Honorable Ronald A. Cass at Roger Williams University Law School in Bristol, RI. (AP Photo/Lindsey Anderson) (credit:AP)
Ruth Bader Ginsburg (09 of14)
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U.S. Supreme Court Justice Ruth Bader Ginsburg speaks with National Constitution Center president and CEO Jeffrey Rosen. (AP Photo/Matt Rourke) (credit:AP)
John Roberts(10 of14)
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Chief Justice John Roberts stands in front of the U.S. Supreme Court Building in Washington, DC. (Photo by Mark Wilson/Getty Images) (credit:Getty Images)
Ruth Bader Ginsburg(11 of14)
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Supreme Court Associate Justice Ruth Bader Ginsburg, left, enters the UC Hastings College of the Law in San Francisco. Ginsburg is scheduled to discuss the role of Supreme Court Justices in our political system; progress on achieving gender equality, the legal limits of free speech, working relationships among the Justices, and more at the law school this evening. (AP Photo/Ben Margot) (credit:AP)
Clarence Thomas(12 of14)
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Supreme Court Justice Clarence Thomas addresses the audience during a program at the Duquesne University School of Law in Pittsburgh. (AP Photo/Tribune Review, Sidney Davis) (credit:AP)
Elena Kagan(13 of14)
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Associate Justice of the U.S. Supreme Court Elena Kagan speaks onstage at the FORTUNE Most Powerful Women Summit on October 16, 2013 in Washington, D.C. (Photo by Paul Morigi/Getty Images for FORTUNE) (credit:Getty Images)
Stephen Breyer (14 of14)
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US Supreme Court Justice Stephen Breyer answers a question during an interview with Agence France-Presse at the Supreme Court in Washington, DC. (JEWEL SAMAD/AFP/GettyImages) (credit:Getty Images)