DimWit Politics

Here Come The Judges

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Here Come The Judges

Here Come The Judges
October 15
17:50 2018

A lot of folks who cringed and voted for President Trump because of the courts – this writer included – have been richly rewarded. Two strict constitutionalists have been added to the Supreme Court in the first two years. With two liberal justices in their 80s, it is possible that there could be one or even two more openings in the next two to six years.

Democrats have been pouting ever since Senate Leader Mitch McConnell played hardball politics by running out the clock on the nomination to the Supreme Court of Judge Merritt Garland. It was a case of elections having consequences, and the people of America gave control of the Senate to the Republicans – and Mitch McConnell.

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Of course, what McConnell did was political. What would you expect from a politician? But, he was also representing the people who elected him and a majority in the upper chamber. For McConnell, it was a reasonable risk.

Had Clinton won, McConnell would have swiftly moved to confirm Garland since he was at least a moderate liberal – denying Clinton the opportunity to put some hardcore liberal judge on the Court. And if, perchance, Trump somehow got elected, so much the better. And Trump did somehow get elected. It should be noted that while the media was focused on Garland, McConnell was also holding open a number of lower court vacancies that are now being filled by Trump.

Well, at least Trump’s selection of Neil Gorsuch was replacing a conservative with a conservative – not much change. Now all the Democrats had to do was to hope that there would be no more vacancies until Trump could be defeated in 2020.

Barely over their traumatizing shock of the 2016 election, Justice Anthony Kennedy called it quits – handing Trump a second appointment.  He wanted Trump to be able to appoint a justice before the uncertainty of the upcoming midterm elections.

This time, the new justice would be replacing the swing vote on the Court, and there was no doubt that the new nominee would be a solid conservative. With the prospect of actually losing the Court, the left went into hyper anxiety and all-out war.

In an unusual display of the characteristic bias and vulgarity of the New York press culture, the Daily News greeted Kennedy’s announcement with a full-page spread featuring a cartoon of Trump in a judge’s wig and an all-cap headline declaring, “WE ARE F*#%’D.” If we presume that the “we” meant the left-wing establishment, then the editors of the Daily News were not wrong.

While the major media has been myopically focusing on Trump’s foibles and picking apart his Supreme Court picks – or obsessing on a Black man in the Oval Office — they have been largely ignoring a very big story, indeed. All those other lifetime federal court appointments – the District Courts and the Appellate Courts.

Only recently has the #NeverTrump media awakened to the fact that he has been appointing a record number of federal judges across the country. And McConnell has been running them through the confirmation process like enlistees at a military induction center thanks to a gift from his predecessor, former Senate Leader Harry Reid. Rather than engaging in bipartisan negotiations, Reid unleashed the “nuclear option” – changing the rules of the Senate so confirmation of federal judges (except Supreme Court justices) could be accomplished by a simple majority instead of a 60-vote supermajority. At the time, even some Democrats said Reid’s politically-motivated diddling with the rules could one-day bite the Democrats right on their … shall we say … their party symbol. And, indeed it has.

In addition to two Supreme Court justices, Trump has appointed more than 20 judges to the Federal District Courts and 26 justices to the extremely important Federal Appellate (Circuit) Courts where the vast majority – thousands — of cases are finally settled. The Supreme Court handles only some 80 cases per year. There are currently more than 100 vacancies to be filled, and Trump has a pile of resumes on his desk. And one can only wonder how many more vacancies will occur in the next two to six years.

If you want to see the next round of political fireworks, keep your eye on the Ninth District. Those are the uber-liberal courts that conservatives loathe the most. There are currently three vacancies on the Appellate Courts in the Ninth.

Tradition has it that the senators from those west coast states should have the courtesy of approving a President’s selection – legislators like liberal Democrats Diane Feinstein and Kamala Harris. They often put forward the names of acceptable candidates. Of course, that means liberal judges who are more inclined to make laws according to left-wing ideology than to adhere to the text of the Constitution.
Trump is not the type to be compromised or cowed by old dust-covered traditions. According to the Constitution, he gets to nominate – and for the moment, McConnell and the Republicans get to confirm. And that is exactly what he is doing.

One should never bet too much on the outcome of an election, but the odds are that the Trump/McConnell team will be in play for at least another two years. That means a constant flow of conservative judges to the federal courts.

About Author

Larry Horist

Larry Horist

Larry Horist is a conservative activist with an extensive background in economics, public policy and politics. Clients of his consulting firm have included such conservative icons as Steve Forbes and Milton Friedman, as well as the White House. He has testified as an expert witness before legislative bodies, including the U. S. Congress, and lectured at major colleges and universities. An award-winning debater, his insightful and sometimes controversial commentaries appear frequently on the editorial pages of newspapers across the nation. He can be reached at lph@thomasandjoyce.com.

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1 Comment

  1. DD
    DD October 16, 21:51

    Very insightful. Hope the Republicans keep the House and Trump gets to push through more of his agenda while he can.The left has gone off the deep end.

    Reply to this comment

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