As of June 2025, the United States Court of Appeals for the Federal Circuit has transformed dramatically, with eight of its eleven active judges appointed by Democrats, marking a significant ideological shift. This change has heightened the court's importance as it addresses politically significant cases like V.O.S. Selections v. Trump, challenging Trump's tariff program. The court's unanimous en banc proceedings demonstrate its collective approach and sensitivity to the political climate, a notable departure from previous behaviors of predominantly patent-focused courts.
The Federal Circuit’s response so far has been as a collective institution-proceeding en banc from the outset and issuing unanimous per curiam orders-reflects institutional awareness of political vulnerabilities.
The court's current composition has taken on heightened significance as it confronts one of the most politically charged cases in its history: V.O.S. Selections v. Trump.
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