American law would never be the same

Meanwhile Trump and the Evil Republicans are going to be able to pack the courts because the ERs got away with cheating.

If conservatives get their way, President Trump will add twice as many lifetime members to the federal judiciary in the next 12 months (650) as Barack Obama named in eight years (325). American law will never be the same.

…In the final two years of Obama’s presidency, Senate Republicans engaged in tenacious obstruction to leave as many judicial vacancies unfilled as possible. The Garland-to-Gorsuch Supreme Court switch is the most visible example of this tactic but far from the only one: Due to GOP obstruction, “the number of [judicial] vacancies . . . on the table when [Trump] was sworn in was unprecedented,” White House Counsel Donald McGahn recently boasted to the conservative Federalist Society.

Because they cheated.

Trump is wasting no time in filling the  103 judicial vacancies he inherited. In the first nine months of Obama’s tenure, he nominated 20 judges to the federal trial and appellate courts; in Trump’s first nine months, he named 58. Senate Republicans are racing these nominees through confirmation; last week, breaking a 100-year-old tradition, they eliminated the “blue slip” rule that allowed home-state senators to object to particularly problematic nominees. The rush to Trumpify the judiciary includes nominees rated unqualified by the American Bar Association, nominees with outrageously conservative views and nominees significantly younger (and, therefore, likely to serve longer) than those of previous presidents. As a result, by sometime next year, 1 in 8 cases filed in federal court will be heard by a judge picked by Trump. Many of these judges will likely still be serving in 2050.

But that’s not enough for them. Their next cunning plan? Create new  judicial positions! Lots of them! A minimum of 260 and maybe as many as 447, a 30 to 50 percent increase.

Almost overnight, the judicial branch would come to consist of almost equal parts judges picked by nine presidents combined — Johnson, Nixon, Ford, Carter, Reagan, Bush 41, Clinton, Bush 43 and Obama — and judges picked by one: Donald J. Trump. The effect on our civil rights and liberties would be astounding. And a continuation of the pattern of Trump’s nominees to date — more white and more male than any president’s in nearly 30 years — would roll back decades of progress in judicial diversity.

Not so much astounding as nightmarish.

Happy holidays.

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