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Old 01-11-2020, 11:48 PM
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Trump's Court Appointees and the Future.


More than anything, Trump's court appointees will be his legacy. He has appointed hundreds on the lower courts. And significantly, about a quarter of appellate court judges are now appointed by him.

But what if anything does this really mean for the future?

Chief Justice Roberts said during his confirmation, a judge should be like the referee. He shouldn't control the whole game. Will Trump's appointments abide by this rule? And he only appointed a quarter. Is that significant? And how many more will he appoint?

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Old 01-12-2020, 12:22 AM
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Trump isn't going to appoint many more judges because McConnell has rapidly been filling all the vacancies he can (he had stalled Obama's judge picks for a long time so that Trump would enter the White House with many vacancies awaiting him.) Few, if any, remaining liberal judges are going to retire knowing that they are going to be replaced by a Trump appointee. If some die or have a severe health issue, that may create vacancies, but Trump and McConnell have already done almost all there is to do.

The only way Trump could get more judges in would be if he is reelected, the GOP retains its Senate majority, and then you see more liberal judges dying or being forced into retirement, especially perhaps Breyer and Ginsburg.
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Old 01-12-2020, 11:05 AM
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Trump isn't going to appoint many more judges because McConnell has rapidly been filling all the vacancies he can (he had stalled Obama's judge picks for a long time so that Trump would enter the White House with many vacancies awaiting him.) Few, if any, remaining liberal judges are going to retire knowing that they are going to be replaced by a Trump appointee. If some die or have a severe health issue, that may create vacancies, but Trump and McConnell have already done almost all there is to do.
The circuit courts are essentially all filled up. But (A) because Trump & McConnell were concentrating on them first, and (B) because there were just so many vacancies, there's still quite a bit of room on the district courts.

There's still a total of 70 vacancies on the district courts, and--as of now--only 15 pending nominees out of those 70.
https://www.uscourts.gov/judges-judg...cial-vacancies
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Old 01-12-2020, 11:26 AM
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Trust in the legitimacy of the US judicial system will continue to deteriorate. If this continues to the point that most of the public sees the courts as just another partisan political arm of government, our system is in big trouble.
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Old 01-12-2020, 01:38 PM
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Trust in the legitimacy of the US judicial system will continue to deteriorate. If this continues to the point that most of the public sees the courts as just another partisan political arm of government, our system is in big trouble.
And if court-packing is implemented, as some have recommended, it will be the final nail in the coffin. So I suggest we not do that.
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Old 01-12-2020, 01:54 PM
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Trust in the legitimacy of the US judicial system will continue to deteriorate. If this continues to the point that most of the public sees the courts as just another partisan political arm of government, our system is in big trouble.
If Trump goes so far as to try to expand the Court and pack it with his minions then the court system will be doomed forever!!! Oh, wait....

https://www.trumanlibrary.gov/educat...t-packing-plan

The court has been politicized since Marbury v Madison at the beginning of the 19th century.

https://en.wikipedia.org/wiki/Marbury_v._Madison
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Old 01-12-2020, 02:11 PM
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And if court-packing is implemented, as some have recommended, it will be the final nail in the coffin. So I suggest we not do that.
It's far too late for any worries about this from your side. That ship sailed with Garland. The Democrats only possible choice (and chance!) is to fight back with anything they can get away with, just like McConnell does.

In case you haven't noticed, our system is already broken, largely due to the undemocratic and corrupt actions of the Republicans. I'm just hoping it's not so broken that it can't be fixed. Before there's any chance of being fixed, though, the corrupt need to be defeated, and their corrupt nominees neutralized.

Last edited by iiandyiiii; 01-12-2020 at 02:12 PM.
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Old 01-12-2020, 05:54 PM
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It is an imprecise effort to try to predict how a particular judge will rule in a particular case, based on who appointed them. However, given the EXTREMELY conservative nature of so many of the newly appointed judges (recommended by the Federalist Society), I think it is fair to predict that there will be more decisions issued that are restrictive of womens' rights, that curtail regulatory efforts (environmental, gun control, and otherwise), and certain other traditionally "conservative" outcomes.
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Old 01-12-2020, 07:01 PM
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If this continues to the point that most of the public sees the courts as just another partisan political arm of government, our system is in big trouble.
And yet, Justice Ginsburg is popularly lauded for her political positions.
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Old 01-12-2020, 07:54 PM
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Have you ever watched a baseball game and seen how erratic calling balls and strikes is? There goes Roberts's analogy. To oversimplify, right wing judges favor corporations; left wingers favor individuals.

The Dred Scott decision was likely the worst decision the court ever made and it helped lead to the civil war. And much as I agree with the outcome, Roe v. Wade was one of the weakest decisions they ever made and it is sure to get reversed. But do you really believe that Citizens United was just calling balls and strikes? If you do, I have a nice bridge I would like to sell you.
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Old 01-12-2020, 09:11 PM
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It's far too late for any worries about this from your side. That ship sailed with Garland. The Democrats only possible choice (and chance!) is to fight back with anything they can get away with, just like McConnell does.

In case you haven't noticed, our system is already broken, largely due to the undemocratic and corrupt actions of the Republicans. I'm just hoping it's not so broken that it can't be fixed. Before there's any chance of being fixed, though, the corrupt need to be defeated, and their corrupt nominees neutralized.
So in the same thread...... "If trust in the judicial system deteriorates further, our system is in big trouble", and also.......

....."We need to pack the courts."
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Old 01-12-2020, 09:12 PM
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So in the same thread...... "If trust in the judicial system deteriorates further, our system is in big trouble", and also.......



....."We need to pack the courts."
The only possible way to save the broken courts is to fix the damage done. Maybe it won't work, but at least we'll have tried. Doing nothing just leaves them in the broken state.
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Old 01-12-2020, 09:50 PM
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Trump isn't going to appoint many more judges because McConnell has rapidly been filling all the vacancies he can (he had stalled Obama's judge picks for a long time so that Trump would enter the White House with many vacancies awaiting him.) Few, if any, remaining liberal judges are going to retire knowing that they are going to be replaced by a Trump appointee. If some die or have a severe health issue, that may create vacancies, but Trump and McConnell have already done almost all there is to do.

The only way Trump could get more judges in would be if he is reelected, the GOP retains its Senate majority, and then you see more liberal judges dying or being forced into retirement, especially perhaps Breyer and Ginsburg.
Nope, you're wrong.

There are probably 60 or 70 federal vacancies at present and over the next 4 years we could have a lot more turnover. Judges will retire because they get old and want to do other things with their lives. If Trump gets elected, we'll have half the judiciary controlled by conservative ideologues who will be on the bench for at least 2 decades.
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Old 01-12-2020, 09:52 PM
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The only possible way to save the broken courts is to fix the damage done. Maybe it won't work, but at least we'll have tried. Doing nothing just leaves them in the broken state.
A democratic president and congress will have to somehow expand the number of openings and even impeach justices. That won't happen without legitimacy. And they only have legitimacy to do that if there's a massive economic collapse. There has to be a massive economic collapse for this country to change. Pain is the only way we learn.
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Old 01-12-2020, 10:00 PM
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Also remember: Trump cares not one whit about abortion, or originalism, or textualism. The one and only criterion Trump uses to select judges is how supportive they are of an autocracy led by him.

Remember, Kavanaugh literally thinks that it should be illegal to investigate the President.
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Old 01-12-2020, 10:40 PM
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Also remember: Trump cares not one whit about abortion, or originalism, or textualism. The one and only criterion Trump uses to select judges is how supportive they are of an autocracy led by him.

Remember, Kavanaugh literally thinks that it should be illegal to investigate the President.
I eagerly await news of Kavanaugh's (and Gorsuch's) positions on the absoluteness of Presidential power once a Democrat is president.
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