Republicans in position to reshape federal bench

The Republican opportunity comes with the GOP in control of Congress and the White House, about 120 vacancies in federal district and appeals courts to be filled and after years of partisan fights over judicial nominations.

Frustrated by Republican obstruction in 2013, then-majority Democrats changed Senate rules so judicial nominations for those trial and appeals courts are filibuster-proof, meaning it takes only 51 votes, a simple majority in the 100-member Senate, for confirmation.

"The Trump administration does have an opportunity to really put its mark on the future of the federal judiciary," says Leonard Leo, the executive vice president of the conservative Federalist Society and an adviser to Trump on the Gorsuch nomination.

Reflecting a conservative judicial philosophy, Leo says the unusual number of vacancies that Trump is inheriting could reorient the courts of appeals, in particular, "in a way that better reflects the traditional judicial role, which is interpreting the law according to its text and placing a premium on the Constitution's limits on government power."

Democrats haven't signaled a strategy for lower court judges, but partisan tension over the judiciary is at a peak after McConnell blocked Obama's nominee for Scalia's seat, federal Judge Merrick Garland, then changed the Senate rules to avert a Democratic filibuster of Gorsuch this month.

John Cornyn and Ted Cruz are continuing their practice of creating and consulting with a bipartisan panel of leading state attorneys to help identify the most qualified candidates for those jobs.