# Trump's Court Appointees and the Future. **URL:** \ **Category:** Politics & Elections\ **Created:** [January 12, 2020, 4:48am UTC](https://boards.straightdope.com/t/trumps-court-appointees-and-the-future/846296 "2020-01-12T04:48:17Z")\ **Posts on this page:** 16\ **Page:** 1
**Author:** ![Jim\_B](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jim_b/32/4338_2.png) [@Jim\_B](https://boards.straightdope.com/u/Jim_B)\ **Post date:** [January 12, 2020, 4:48am UTC](https://boards.straightdope.com/t/trumps-court-appointees-and-the-future/846296/1 "2020-01-12T04:48:17Z")
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? :):):):)🙂 ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [January 12, 2020, 5:22am UTC](https://boards.straightdope.com/t/trumps-court-appointees-and-the-future/846296/2 "2020-01-12T05:22:24Z")
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. ---
**Author:** ![Flyer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/flyer/32/7298_2.png) [@Flyer](https://boards.straightdope.com/u/Flyer)\ **Post date:** [January 12, 2020, 4:05pm UTC](https://boards.straightdope.com/t/trumps-court-appointees-and-the-future/846296/3 "2020-01-12T16:05:48Z")
> [@Velocity](#): > > 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. > **[Judicial Vacancies](https://www.uscourts.gov/judges-judgeships/judicial-vacancies)** > > \* Judges in territorial courts (Virgin Islands, Guam, and Northern Mariana Islands) and the U.S. Court of Federal Claims are Article I judges with term appointments. ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [January 12, 2020, 4:26pm UTC](https://boards.straightdope.com/t/trumps-court-appointees-and-the-future/846296/4 "2020-01-12T16:26:50Z")
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. ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [January 12, 2020, 6:38pm UTC](https://boards.straightdope.com/t/trumps-court-appointees-and-the-future/846296/5 "2020-01-12T18:38:58Z")
> [@iiandyiiii](#): > > 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. ---
**Author:** ![madsircool](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/madsircool/32/3432_2.png) [@madsircool](https://boards.straightdope.com/u/madsircool)\ **Post date:** [January 12, 2020, 6:54pm UTC](https://boards.straightdope.com/t/trumps-court-appointees-and-the-future/846296/6 "2020-01-12T18:54:27Z")
> [@iiandyiiii](#): > > 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… > **[Franklin D. Roosevelt and the Supreme Court Packing Plan | Harry S. Truman](https://www.trumanlibrary.gov/education/lesson-plans/franklin-d-roosevelt-and-supreme-court-packing-plan)** > > Students will study excerpts from FDR's fireside chat about changing the supreme court and study editorial cartoons about reactions to it. They will discuss and evaluate the plan and analyze editorial cartoons. The court has been politicized since Marbury v Madison at the beginning of the 19th century. > **[Marbury v. Madison](https://en.wikipedia.org/wiki/Marbury_v._Madison)** > > Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), was a landmark decision of the U.S. Supreme Court that established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution of the United States. Decided in 1803, Marbury is regarded as the single most important decision in American constitutional law. It established that the U.S. Constitution is actual law, not just a statement of political principle T... ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [January 12, 2020, 7:11pm UTC](https://boards.straightdope.com/t/trumps-court-appointees-and-the-future/846296/7 "2020-01-12T19:11:41Z")
> [@Velocity](#): > > 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. ---
**Author:** ![Dinsdale](https://avatars.discourse-cdn.com/v4/letter/d/97f17d/32.png) [@Dinsdale](https://boards.straightdope.com/u/Dinsdale)\ **Post date:** [January 12, 2020, 10:54pm UTC](https://boards.straightdope.com/t/trumps-court-appointees-and-the-future/846296/8 "2020-01-12T22:54:10Z")
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. ---
**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\ **Post date:** [January 13, 2020, 12:01am UTC](https://boards.straightdope.com/t/trumps-court-appointees-and-the-future/846296/9 "2020-01-13T00:01:56Z")
> [@iiandyiiii](#): > > 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. ---
**Author:** ![Hari\_Seldon](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hari_seldon/32/5173_2.png) [@Hari\_Seldon](https://boards.straightdope.com/u/Hari_Seldon)\ **Post date:** [January 13, 2020, 12:54am UTC](https://boards.straightdope.com/t/trumps-court-appointees-and-the-future/846296/10 "2020-01-13T00:54:06Z")
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. ---
**Author:** ![Velocity](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/velocity/32/18006_2.png) [@Velocity](https://boards.straightdope.com/u/Velocity)\ **Post date:** [January 13, 2020, 2:11am UTC](https://boards.straightdope.com/t/trumps-court-appointees-and-the-future/846296/11 "2020-01-13T02:11:33Z")
> [@iiandyiiii](#): > > 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.” ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [January 13, 2020, 2:12am UTC](https://boards.straightdope.com/t/trumps-court-appointees-and-the-future/846296/12 "2020-01-13T02:12:49Z")
> [@Velocity](#): > > 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. ---
**Author:** ![asahi](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asahi/32/8693_2.png) [@asahi](https://boards.straightdope.com/u/asahi)\ **Post date:** [January 13, 2020, 2:50am UTC](https://boards.straightdope.com/t/trumps-court-appointees-and-the-future/846296/13 "2020-01-13T02:50:04Z")
> [@Velocity](#): > > 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. ---
**Author:** ![asahi](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asahi/32/8693_2.png) [@asahi](https://boards.straightdope.com/u/asahi)\ **Post date:** [January 13, 2020, 2:52am UTC](https://boards.straightdope.com/t/trumps-court-appointees-and-the-future/846296/14 "2020-01-13T02:52:00Z")
> [@iiandyiiii](#): > > 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. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [January 13, 2020, 3:00am UTC](https://boards.straightdope.com/t/trumps-court-appointees-and-the-future/846296/15 "2020-01-13T03:00:30Z")
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. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [January 13, 2020, 3:40am UTC](https://boards.straightdope.com/t/trumps-court-appointees-and-the-future/846296/16 "2020-01-13T03:40:18Z")
> [@Chronos](#): > > 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.