[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

James Hansen wishes he wasn't so right about global warming

More Revolutionaries Are Coming

9/11: The Greatest Gift the Status Quo Ever Got

How Trump's Republican Party Went Soft on Communism

FATHER’S DAY: Bill Clinton ‘son’ calls for ‘dad’ to take paternity test

Local Complementarian Lets Female Police Officer Off With A Warning

Kim Jong Un Criticized For Meeting With Nation That Has Killed 60 Million Babies

Salon Writer Recommends Shunning Friends and Family Who Support Trump

GOP will hit FBI, DOJ with 'full arsenal of constitutional weapons' if they don't comply with subpoena, Gowdy warns

Ted Cruz Beats Jimmy Kimmel in Charity Basketball Game

Judge Who Jailed Manafort Also Cleared Hillary Clinton In Benghazi Case

TV Poll: 71% of Liberals Dont Want Peace With North Korea Because Trump Would Take Credit

Trump Says Comey 'Totally Protected Hillary' but Was Fired for Actions That Hurt Her

We Are All Bigots

Trump partly right on Canada's dairy tariffs

BLM Agents Open Fire on Innocent Couple, Shoot Woman Because ATV Drove Near Restricted Area

Maine: Man Dies After Brutal Beating By Muslim Migrant Mob In Lewiston Park

FBI AGENTS CALLED HILLARY PRESIDENT WHILE INVESTIGATING HER, TEXTED SCREW YOU TRUMP ON ELECTION DAY

White House Reporters Become Unglued Over Border Enforcement

A UNION BUSTING NONPROFIT IS SET DO BATTLE WITH PUBLIC SECTOR UNIONS ALL OVER THE WEST COAST

Dershowitz Slams 'Very Unfair' Decision to Jail Manafort: It's 'Obnoxious to Our Constitution'

Man Catches Cops on Video Framing Him To Justify Blowing Up His Door and Raiding Home

Video of Cops Beating Man Was So Bad, They Were All FiredBut a Corrupt System Just Rehired Them

Faulty Field Tests And Overblown Drug Raid Claims: The War On Drugs In Clay County, Florida

CBP Agrees To Hand Back Almost All Of The $58,000 It Stole From A 64-Year-Old Man At A Cleveland Airport

Hart County grandmother kills rabid bobcat with bare hands (Georgia)

Boucher sentenced 30 days for assault on Sen. Rand Paul (Slap on the Wrist)

Obama's Teeth

Cameras Off: New Video Shows Vegas Shooting Strike Team Being Told to Turn Off Body Cams

Security Officer Working at New York New York Casino on Night of 1 October Shooting Confirms Deaths, Shots Fired, in the Zumanity Theater

Trump Only Notices Mass Surveillance When He is the Victim

Obamas Dirty Political Tricks. Its an America Tradition

Manafort Sent to Jail After Judge Cancels House Arrest

Trump: My People Should Sit Up in Attention Like Kim Jong-uns Staff

President Trump unloads on Comey, 'scum on top' of FBI a day after damning IG report's release

White House Admits Trumps Infrastructure Promise Isnt Happening

South Carolina Drug Warriors Routinely Serving Regular Warrants Like No-Knock Warrants

Dad buys billboard for son after school doesnt recognize him as valedictorian

Youre Not Going To Fing Film Us: Raging Illinois Cop Spits On, Arrests Innocent Woman For Filming

Tearing Babies from Their Mother's Breasts Is Now Your Government at Work

Trump, Ryan, and Walker Want to Seize Wisconsin Homes to Build a Foxconn Plant

Stupidest candidate ever?

Sessions cites Bible to justify immigration policy of separating kids from parents

BOMBSHELL Inspector General's Report

Europe's 'Axis of the Willing' attempts to seal the borders

New York sues Trump Foundation for 'illegal conduct'

Suspected Walmart robber tries to carjack two different cars, both drivers pull out guns

Not what it seems

Dancing FBI agent charged with assault over accidental shooting

The 'Real' America: 21.5% Unemployment, 10% Inflation, And Negative Economic Growth


Status: Not Logged In; Sign In

U.S. Constitution
See other U.S. Constitution Articles

Title: Scalias All the Way Down
Source: Investor Village
URL Source: https://www.investorvillage.com/smb ... 6&mn=20853&pt=msg&mid=17604666
Published: Oct 12, 2017
Author: Kimberley Strassel
Post Date: 2017-10-19 02:10:41 by Tooconservative
Keywords: None
Views: 73
Comments: 1

Ask most Republicans to identify Donald Trump’s biggest triumph to date, and the answer comes quick: Supreme Court Justice Neil Gorsuch. That’s the cramped view.

The media remains so caught up with the president’s tweets that it has missed Mr. Trump’s project to transform the rest of the federal judiciary. The president is stocking the courts with a class of brilliant young textualists bearing little relation to even their Reagan or Bush predecessors. Mr. Trump’s nastygrams to Bob Corker will be a distant memory next week. Notre Dame law professor Amy Coney Barrett’s influence on the Seventh U.S. Circuit Court of Appeals could still be going strong 40 years from now.

Mr. Trump has now nominated nearly 60 judges, filling more vacancies than Barack Obama did in his entire first year. There are another 160 court openings, allowing Mr. Trump to flip or further consolidate conservative majorities on the circuit courts that have the final say on 99% of federal legal disputes.

This project is the work of Mr. Trump, White House Counsel Don McGahn and Senate Majority Leader Mitch McConnell. Every new president cares about the judiciary, but no administration in memory has approached appointments with more purpose than this team.

Mr. Trump makes the decisions, though he’s taking cues from Mr. McGahn and his team. The Bushies preferred a committee approach: Dozens of advisers hunted for the least controversial nominee with the smallest paper trail. That helped get picks past a Senate filibuster, but it led to bland choices, or to ideological surprises like retired Justice David Souter.

Harry Reid’s 2013 decision to blow up the filibuster for judicial nominees has freed the Trump White House from having to worry about a Democratic veto during confirmation. Mr. McGahn’s team (loaded with former Clarence Thomas clerks) has carte blanche to work with outside groups like the Federalist Society to tap the most conservative judges.

Mr. McGahn has long been obsessed with constitutional law and the risks of an all-powerful administrative state. His crew isn’t subjecting candidates to 1980s-style litmus tests on issues like abortion. Instead the focus is on promoting jurists who understand the unique challenges of our big-government times. Can the prospective nominee read a statute? Does he or she defer to the government’s view of its own authority? The result has been a band of young rock stars and Scalia-style textualists like Ms. Barrett, Texas Supreme Court Justice Don Willett and Minnesota Supreme Court Associate Justice David Stras.

Senate Republicans have so far blown their major agenda items, but they’ve remained unified on judges. They agreed to kill the Senate filibuster for Supreme Court nominees so as to confirm Justice Gorsuch; have confirmed six other judicial nominees; and stand ready to greenlight dozens more. This is a big shift from divisions the party had over the Bush 41 and Bush 43 nominees.

Because Mr. Trump’s picks have largely spent their careers focused on administrative law and constitutional questions, few have gotten bogged down by controversial cultural rulings. They do have paper trails, but mostly on serious and technical issues. This helps reassure Republicans even as it deprives Democrats of the fodder they’d need to stage dramatic opposition.

Conservatives praised Mr. McConnell last year for refusing to consider Judge Merrick Garland, whom Mr. Obama had nominated to the Supreme Court. Less well known is the sheer number of federal judgeships Mr. McConnell sat on as the Obama administration wound down. Mr. Trump took office with 107 lower-court vacancies, more than any of the past five presidents save Bill Clinton. The GOP challenge now is to break Democratic obstruction and get those posts filled.

Former Trump aide Steve Bannon is vowing to primary at least six GOP senators next year, saying he will support only candidates who refuse to back Mr. McConnell for another stint as leader. But Mr. Bannon’s claim that Mr. McConnell represents the “swamp” is lazy scapegoating. Yes, health-care reform failed — thanks to three showboating Republican senators. And yes, the House gets more done. But only the Senate is in the long-term personnel business.

The Trump judicial reset was never guaranteed. Mr. McConnell just happens to have a steely passion for remaking the judiciary. Previous majority leaders Trent Lott (best friends with trial lawyers) and Bill Frist (nice, nice) would never have gotten Justice Gorsuch confirmed. Those guys were the “establishment.”

Ted Cruz, Mike Lee, Jodi Ernst, Deb Fischer, Dan Sullivan, Cory Gardner, Marco Rubio, Tom Cotton — this is the new generation of Republican senators. They were all elected in recent cycles. They are reformers, far removed from the earmarking, logrolling, crony, backroom days of washed-out Republicans who inspired the tea party.

The country has moved, as has Congress. The proof is in the extraordinary class of judicial nominees now coming through. Mr. Trump will keep baiting the media with shiny objects. In the background, government is being redone.


Poster Comment:

Trump's greatest legacy is likely to be his remaking the judiciary with Scalia types following the abolition of the judicial filibuster by McConnell.

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

#1. To: Tooconservative (#0)

whaT abouT

ThaT Travel ban

ban judge

in Hawaii

love
boris

If you ... don't use exclamation points --- you should't be typeing ! Commas - semicolons - question marks are for girlie boys !

BorisY  posted on  2017-10-19   14:41:26 ET  Reply   Trace   Private Reply  


TopPage UpFull ThreadPage DownBottom/Latest

[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com