Comparison between New Deal Justices and MAGA Justices

President Trump’s potential appointment of judges aligned with his Make America Great Again (MAGA) agenda has sparked controversy. However, a historical look at President Franklin D. Roosevelt’s tenure reveals a similar situation with his New Deal justices. FDR’s New Deal was a central component of his administration, marked by groundbreaking legislation that clashed with existing Supreme Court precedent. In response to court decisions impeding his agenda, Roosevelt considered expanding the court or packing it with supportive justices. Ultimately, Justice Owen Roberts began upholding New Deal policies, leading to retirements among dissenting justices. Biographer Howard Ball’s account of Roosevelt’s Supreme Court appointment process sheds light on the criteria used to select justices who supported the New Deal. Roosevelt sought nominees with strong New Deal credentials, Senate confirmability, youth, and representation from underrepresented regions such as the West and South.

Justice Hugo Black’s appointment under Roosevelt exemplifies the alignment between ideology and judicial selection. Roosevelt favored Black for his unwavering support of New Deal programs, despite criticisms about his legal expertise. Black’s nomination reflected Roosevelt’s desire for a justice who shared his liberal views and would advance his agenda on the Supreme Court. Other justices appointed by Roosevelt, like Solicitor General Stanley Reed and Professor Felix Frankfurter, also upheld New Deal policies in their decisions. The loyalty and support shown by these justices toward Roosevelt’s administration underscore the importance of judicial philosophy in shaping policy outcomes.

Comparatively, President Nixon sought justices who were “tough on crime,” resulting in the erosion of certain criminal procedure rights. Nixon’s influence on the Burger Court demonstrated the impact of judicial appointments on legal precedent and societal norms. If Trump were to follow Roosevelt’s example, he might look to appoint senators supportive of the MAGA agenda who represent regions underrepresented on the Court. Senator Josh Hawley, with his alignment with Trump’s policies and background as a former clerk for Chief Justice Roberts, could be a potential candidate for a Supreme Court nomination under Trump.

Despite critics’ concerns about political influences on judicial appointments, historical precedents suggest that presidents have often sought justices who align with their policy objectives. Roosevelt’s selection of New Deal justices and Nixon’s focus on crime demonstrate the link between ideology and judicial nominations. In the current political climate, Trump’s potential appointment of MAGA justices reflects a continuation of this tradition of seeking justices who support the president’s agenda on the Court.