It appears that while conservatives haven't much bothered to come up with plans to fix America's infrastructure, health care or drug crises, they have put a lot of thought into ensuring they keep the upper hand in politics for decades to come by any means necessary. The latest means is by enlarging the judicial branch enormously and electing young, safely conservative new judges while also eliminating some existing roles to again replace those folks with young conservatives. Another new low for democracy in the United States.
The Washington Post - Conservatives have a breathtaking plan for Trump to pack the courts
Conservatives have a new court-packing plan, and in the spirit of the holiday, it’s a turducken of a scheme: a regulatory rollback hidden inside a civil rights reversal stuffed into a Trumpification of the courts. 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.
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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
includesnominees 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 even this plan — to fill approximately 150 judicial vacancies before the 2018 elections — is not enough for conservatives.
Enter the next element of the court-packing turducken: a new plan written by the crafty co-founder of the Federalist Society, Steven Calabresi. In a paper that deserves credit for its transparency (it features a section titled “Undoing President Barack Obama’s Judicial Legacy”), Calabresi
proposes to pack the federal courts with a “minimum” of 260 — and possibly as many as 447 — newly created judicial positions. Under this plan, the 228-year-old federal judiciary would increase — in a single year — by 30 to 50 percent.
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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.
But even that isn’t enough for the Turducken Court Packers. They have jammed one more “treat” inside this turkey.
Calabresi has also proposed that Congress abolish 158 administrative law judgeships in federal regulatory agencies, such as the Environmental Protection Agency, Food and Drug Administration, Federal Communications Commission, and Securities and Exchange Commission, and replace these impartial fact-finders with a new corps of 158 Trump-selected judges who — unlike current administrative law judges — would serve for life.
These new Trump administrative law judges would have vast power over environmental, health and safety, fair competition, communications, labor, financial and consumer regulation for decades. Unlike the existing administrative law judges, selected as nonpartisan members of the civil service, Calabresi’s replacement corps would all be picked in a single year, by a single man: Donald J. Trump.
And if this breathtaking transformation of our federal judicial system isn’t jarring enough, Calabresi has one final treat: a proposal that Congress do all of this in the tax-cut bill that Congress is trying to pass before it leaves for the holidays.