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But while it's lost the battle on some nominees, the White House is winning the overall war when it comes to reshaping the judiciary. The Senate has confirmed 12 appeals court judges in Trump's first year, a modern record for the number of appeals court judges approved. White House Counsel Don McGahn has made it a priority, as has Senate Majority Leader Mitch McConnell.
Ever since Justice Antonin Scalia passed away in February 2016, the Supreme Court has had just eight justices. While the number of justices has fluctuated over the years, there may soon be nine now that President Donald Trump has nominated Judge Neil Gorsuch to the court. The original U.S. Constitution did not set the number of justices on the Supreme Court.