As the nation processes Wednesday’s Capitol Hill impeachment votes, Senate Majority Leader Mitch McConnell is impressively utilizing the last days of the year to solidify judicial nominees — a baker’s dozen in just the last two days.
Democrats Say McConnell Is ‘Stacking The Courts’
Democrats fear McConnell is “stacking the courts” with the addition of 8 district court picks in 3 days’ time earlier this month. The Trump judicial nominee count currently sits at 187, including two Supreme Court nominations. Last week, Trump’s 50th circuit court choice officially set the record for the most appeals judges confirmed within an administration’s first two years, much to the delight of the republican party and his voters.
While the House of Representatives pushed for impeachment, McConnell and his party worked steadfast to secure as much long-term influence on the country’s direction via younger, more conservative nominees. Demand Justice chief counsel Christopher Kang likened the Senate Majority Leader’s dedication to a “conveyor belt [that] churned out a shocking number of judges.”
Depending on the Senate, the process of filling a vacancy typically can take months or years. Democrats and progressives argue that the speed of successful nominations is due to a debate requirement change earlier this year. Additionally, the party says the Senate’s rule amendment has allowed numerous unqualified candidates to be nominated.
McConnell ‘Went Nuclear’ Earlier This Year
In early April, McConnell “went nuclear” — pushing through a rule change with a majority vote — reducing the 30 hour requirement of lawmaker debate on the candidate to just 2 hours. Because of the limited time the Senate is in session, Republicans found themselves also limited on nominees they could vote through — but the parliamentary loophole allowed the party to drastically reduce the debate time to move their nominees through at a record breaking speed.
The rule change was defended by the Republicans, currently dominating the Senate, who were looking at an overwhelming amount of vacancies and a “slow-walk” restriction by the Democrats. The Democrats, however, were quick to remind the country of McConnell’s mission to slow or block President Barack Obama’s judicial nominees, including Supreme Court nominee Merrick Garland — a strategy that allowed a host of judicial vacancies as Trump took office.
While the Supreme Court is the highest court in the country, the circuit courts follow closely behind and is the first — and often the last — to hear federal level trials. While the Supreme Court gets most of the attention, the “circuit courts decide the bulk of the cases,” according to a University of Pittsburgh law professor.
“Because the Supreme Court these days is taking so few cases, the law of the circuit is, on many, many issues, the final law for the people who live in that circuit,” the professor added.
Trump’s Impact On Judiciary Will Be Felt For Decades To Come
As of September 2018, Trump’s administration had nominated more circuit court judges than any of the past five presidents. Additionally, the average age of Trump’s judicial nominees dropped from that in the Obama administration, allowing the Republican administration to cement more conservative judges for lifetime appointments.
Though Trump has been impeached, he has remarkably affected our country’s future judicial decisions. Daniel Goldberg, who serves as legal director at court-focused advocacy group Alliance for Justice, saw the impact years ago.
“Long after Donald Trump leaves the seat, his fingerprints will still be on our justice system — two, three, four decades from now,” he said.