Thanks to the filibuster being killed by Senator Harry Reid, the huge glaring bright spot of the Trump administration is materializing before our very eyes. The judiciary is being remade by President Donald Trump.
Since the filibuster is no longer an option for the minority party to completely obstruct the majority party from approving or disapproving the President’s judicial nominations, President Trump has now gotten confirmed more judicial nominees than any of his predecessors have done so in their first year.
It gets worse for the Democrats. Not only are these nominations being approved at a record rate, they are blood red conservatives as well. President Trump, if he gets nothing else done, will single-handedly be able to remake the entire judiciary during his (likely) two terms.
And he has Harry Reid to thank for this. Even though the Senate Democrats managed to get through a few nominees over the wails of the Senate Republican caucus, it ultimately ended shortly after the GOP retook control of the Senate in 2014.
The GOP may have failed at using that majority to achieve much, especially making even a dent in Obamacare. But they were able to freeze the Obama nomination process in its tracks, most notably by delaying and eventually killing Merrick Garland’s nomination for the Supreme Court.
That long period of confirmation obstruction has given President Trump a huge number of seats to fill; twice as many as President Obama’s also large number of vacancies when he took office in 2009. The Christian Science Monitor reports this is likely the most vacancies for a president to fill in 40 years. And the Trump team hasn’t been wasting much time.
For those who believe President Trump won the 2016 election thanks to a series of Democratic Party errors, this is cut from the exact same cloth.
Consider that as of November 3rd, 13 Trump nominees to the courts have been confirmed this year. The big name is Supreme Court Associate Justice Neil Gorsuch, but we also have eight new federal appeals court judges, and four new U.S. district court judges. President Trump has now already surpassed the last four presidents’ records for first-year judifical confirmations. And he’s even tied President Ronald Reagan number of appeals court confirmations in year one.
But this isn’t just about sheer numbers, it’s about ideology too. While President Trump and conservatives have diverged in matters of policy several times over the past year, the judicial nomination process is decidedly not one of them. The nominees sent to the Senate from the White House are more conservative and even younger than what we saw during President George W. Bush’s two terms in office.
In case the importance of making an impact on the courts is lost on anyone, just note the many setbacks the Trump administration has suffered this year alone thanks to the courts. Delays and changes to the White House-imposed travel and immigration bans have grabbed the most attention. But the administration is also dealing with judicial push back and other potential hurdles on everything from its opposition to the AT&T-Time Warner merger to its transgender military ban.
Now fast forward a couple of years where the Trump judicial appointment surge will have set in across the federal system. Just for this administration alone, that could make a huge difference. And for conservative causes and cases over time, it will be even more significant.
I still think the President and the Congress need to break the judiciary’s hold over the country. They almost quite literally rule over the United States as black robed dictators with nearly no recourse to stop them.
The Founding Fathers did not setup the Constitution so that the judiciary would be the only branch that matters, that has been stolen by them from the other two coequal branches of the government with their perversion of the rule of law through their “interpretations.”