The Tuesday confirmation of Judge Robert J. Luck created a majority for Republican-appointed judges on the 11th US Circuit Court of Appeals, the third such party flip in a federal court of appeals during the Trump presidency.
President Trump has also created GOP majority courts in the Third Circuit, which flipped in March, and the Second Circuit, which flipped last week with the confirmation of Steven Menashi. Since Trump assumed office in 2017, 163 title III judges have been confirmed to the bench, including Supreme Court Justices Neil Gorsuch and Brett Kavanaugh.
The confirmation of Barbara Lagoa to the 11th Circuit is also expected in the coming days after Luck was easily confirmed by the Senate with a 64 to 31 vote. The change to a GOP-fortified 11th Circuit could mean a significant shift in the outcome of several election law disputes, primarily from Georgia and Florida, which the court is currently involved in.
“Because Florida is one of the main focuses of election-related litigation, particularly over the next year or two, the Eleventh Circuit is going to hear a lot of important election-related cases,” said professor at Florida State University College of Law Michael Morley.
Florida and Georgia both have histories of contentious elections and claims of fraud, suppression, and unfair ballot layouts. The court is expected to hear several cases about election disputes in the coming years with the new Republican-appointed majority.
