The GOP and the courts
One item on which Republicans need to do a better job is learning how to play the long game in politics, especially the courts.
Dennis Lund | February 18, 2026
One area where Republicans need to do a better job is learning to play the long game in politics, especially in the courts. Today, on issue after issue, the Trump administration is losing battles at the lower levels of the judicial system, while frequently winning at the appellate level. Lower courts are composed of younger judges who, as they gain experience, rise in the judicial ranks. The rulings we see today at those lower levels will in the future be made by older, more liberal judges, at all levels, including the Supreme Court. This will hold true if the Republicans do not take steps today to prevent it. The Supreme Court is the last stand for judicial relief.
Currently, going back to George H.W. Bush, the overall number of judicial appointments at all levels is 962 by Democrat presidents vs. 815 by Republican presidents. The number is greater for Democrats primarily because Democrat presidents have been in office for 20 years vs. 17 for Republicans over that time frame.
The issue of judicial appointments is especially of concern when we look at SCOTUS. On today’s Court, there are three distinct age groups. Call the top level the ‘Old Guard’ -- Clarence Thomas (78) and Samuel Alito (76). The so-called Conservative Wing (reluctantly, I am including Roberts in this group, though he is at best a moderate), the average age here is a relatively young 61, compared to the liberal wing, with an average age of 65.
Today, the averages favor the Republicans. But time is a lion, powerful as well as an imposing force, marching on at an unrelenting pace, while the Republicans are a lamb. Frankly, the Republicans are losing this battle.
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