On his nationally syndicated radio show, Fox News host Bill O'Reilly falsely asserted that “the Republicans don't have control of the judicial branch.” In fact, Republican appointees to the federal judiciary outnumber judges appointed by Democratic presidents: Republican presidents have appointed a majority of the currently active federal judges, including six of the eight current Supreme Court justices and majorities on 10 of the 13 federal courts of appeals. According to a database maintained by the progressive, nonprofit Alliance for Justice, Republican appointees occupy 99 of the 167 currently filled appellate judgeships (59 percent). They also occupy 449 of the 815 currently filled circuit and district court seats (55 percent).

The following listing by circuit court further demonstrates the extent to which Republican appointees control the appellate courts:

Gray shading indicates circuits with a majority of Republican appointees.

From the September 20 broadcast of Westwood One's The Radio Factor with Bill O'Reilly:

CALLER: I'm the son of a card-carrying, union member, steel mill worker. My dad was a steel mill worker. A Democrat. However, I've always -- I'm 47 years old. I have always been a conservative Republican, but I'm not very comfortable with the Republicans being in control of everything -- the executive branch, legislative branch, judicial branch. And I wish the Democrats would come up with somebody a little bit better than what they have. It's like -- you know, sometimes I've -- I would like to see a change, but if I say I'm for a Democratic contender, then people will say well, oh, you're for gay marriages? Which, I'm not. I'm a God-fearing man. Are you for killing unborn babies? No, I'm not. But I wish -- you know, why do they bring moral issues in? Why can't they just --

O'REILLY: Well, here's -- here's --

CALLER: -- get with the program and fix our country? I mean, look out for the common good.

O'REILLY: I can't -- I can't -- right. I can't answer -- I can't answer your broad question other than to say, number one, the Republicans don't have control of the judicial branch. All right? They don't have control of that. That secular progressives have made a lot of progress in the courts. The reason Republicans have control of the presidency and the legislature -- House and Senate -- is because the Democrats can't come up with anybody with any solutions. And John Kerry had no solutions to any problem, which is why he lost. And the far left is the money machine for the Democratic Party. They pour the money in. The Hollywood crew. The George Soros crew. They're pouring the money in. So they're calling the shots.