Sign up for our daily briefing

Make your busy days simpler with Axios AM/PM. Catch up on what's new and why it matters in just 5 minutes.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Denver news in your inbox

Catch up on the most important stories affecting your hometown with Axios Denver

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Des Moines news in your inbox

Catch up on the most important stories affecting your hometown with Axios Des Moines

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Minneapolis-St. Paul news in your inbox

Catch up on the most important stories affecting your hometown with Axios Twin Cities

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Tampa Bay news in your inbox

Catch up on the most important stories affecting your hometown with Axios Tampa Bay

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Charlotte news in your inbox

Catch up on the most important stories affecting your hometown with Axios Charlotte

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!
Data: Federal Judicial CenterU.S. Courts; Note: Trump data is through Dec. 1, 2002; Chart: Andrew Witherspoon/Axios

President Trump’s astounding record of judicial appointments will not only reshape the judiciary for a generation, but it will likely deny President-elect Joe Biden the chance to put much of his own stamp on the courts.

By the numbers: Trump came into office with 17 vacancies on federal circuit courts of appeals, plus an open Supreme Court seat. Ultimately, he filled three Supreme Court seats and appointed 54 circuit-court judges in just one term — the Senate confined the 54th, a replacement for Judge Amy Coney Barrett on the 7th Circuit, just this week. President Obama got a grand total of 55 during his two terms.

  • The appointments will be the outgoing president's most lasting, substantive legacy.

What’s next: There are now only two appellate vacancies awaiting the president-elect, and he will have no realistic chance of changing the ideological balance on the Supreme Court, currently split with a 6-3 conservative majority.

  • There are 47 vacancies in federal district courts. If Democrats control the Senate, Biden may be able to fill many of those openings.
  • But those judges’ rulings would then be appealed to circuit courts now stocked with Trump appointees, and from there to the Supreme Court, with its expanded conservative majority.

Between the lines: If Republicans end up controlling the Senate, Biden can forget about filling almost any important judgeships, especially with progressive or polarizing nominees. But his judicial legacy will be constrained even if Democrats take the Senate.

  • Without a backlog of vacancies to begin with, Biden will only be able to fill openings that arise while he’s president.
  • That means he’ll probably be largely limited to replacing liberal judges — and in a 50-50 Senate, he’ll have to make safe picks to avoid losing the support of moderate Democrats.

Go deeper

How Dems could notch tech wins even with a dysfunctional Senate

Illustration: Aïda Amer/Axios

Tech policy may be one area where Democrats will be able to smash through the logjam forming around their razor-thin Senate margin and actually pass meaningful legislation.

The big picture: Many Democrats want to hit Big Tech with new antitrust laws, updates to Section 230, privacy legislation and more. The party may be united enough on such issues — and able to peel off GOP support — to pass laws around them even as the Senate's 50-50 party-line split and shifting priorities imperil other legislative possibilities.

Kaine, Collins' censure resolution seeks to bar Trump from holding office again

Sen. Tim Kaine (center) and Sen. Susan Collins (right). Photo: Andrew Harnik/Pool via Getty Images

Sens. Tim Kaine (D-Va.) and Susan Collins (R-Maine) are forging ahead with a draft proposal to censure former President Trump, and are considering introducing the resolution on the Senate floor next week.

Why it matters: Senators are looking for a way to condemn Trump on the record as it becomes increasingly unlikely Democrats will obtain the 17 Republican votes needed to gain a conviction, Axios Alayna Treene writes. "I think it’s important for the Senate's leadership to understand that there are alternatives," Kaine told CNN on Wednesday.

Stark reminder for America's corporate leaders

Rosalind "Roz" Brewer is about to become only the second Black woman to permanently lead a Fortune 500 company. She starts as Walgreens CEO on March 15.

Why it matters: It's a stark reminder of how far corporate America's top decision-makers have to go during an unprecedented push by politicians, employees and even a stock exchange to diversify their top ranks.