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Trump and reshaping the judiciary

cyberianpan

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Mitch McConnell engaged in unprecedented obstruction of Obama judicial nominees

This gave Trump a huge backlog to fill at all levels of the Federal court system: https://www.bloomberg.com/news/articles/2018-04-27/mcconnell-cements-a-legacy-for-trump-with-reshaped-u-s-courts

Now with Justice Kennedy retiring from the Supreme Court, Trump has an historic opportunity to reshape American laws

Kennedy is frequently the swing vote, Trump will presumably seek to replace him with someone in the mold of Gorsuch

What do folks think of the politicisation of the US judiciary ?

Also, I suspect Trump's nominations here will go down as what the GOP find most pleasing about him

Cyp
 


SweenyTodd

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Trump - a democrat from New York - is more prolife than Fianna Fail or Sinn Fein.

Strange new world.
 

Dame_Enda

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Kennedy was the 5th vote in the 5-4 decision of the gay marriage ruling (Obergefell case). I think Democrats will be watching to see what the next nominee thinks on this issue. During his hearings, Gorsuch was asked by Illinois Senator Dick Durbin was gay marriage "settled law" and he said it was, but indicated that there were still issues relevant to it that had to be litigated (presumably the bakery/flowers type of cakes but maybe other issues too). Kennedy was also relatively pro choice on abortion but in recent times has been becoming more conservative, including the ruling yesterday that Californian crisis pregnancy centres didnt have to give abortion information.

Another question is will Flake lift his blockade on court nominees in time to vote on a replacement, and will Corker, Flake and if he returns McCain vote against in order to poke the president in the eye.
 
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cyberianpan

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https://www.vox.com/platform/amp/policy-and-politics/2018/6/25/17461318/anthony-kennedy-retirement-supreme-court
But a Court without Kennedy is substantially more likely to:

Overturn Roe v. Wade and allow states (and maybe the federal government too) to ban most or all abortions.
Reject challenges to capital punishment and solitary confinement.
Rule in favor of religious challenges to anti-discrimination law, and perhaps, in an extreme case, reverse some past Supreme Court rulings on gay rights.
Bar government actors from engaging in explicit race-based affirmative action.
Note also that Mueller's work will probably get challenged in the Supreme Court

Cyp
 

GDPR

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Yup. Not that this has much to do with Trump, apres moi le deluge is his motto, he couldnt care less. But synchronicity.

McConnell has been packing the courts with young white male judges, on life-time gigs, who are overwhelmingly anti-voters rights, anti-abortion, anti-gay.

He will bend the rules to do that too, bucking "blue slips" to appoint judges. This is the accepted practice whereby nominating judicial committees must consult with the opposition (Dems in this case) and must deliver a majority vote. F(uck that, says McConnell.
 

Dame_Enda

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Yup. Not that this has much to do with Trump, apres moi le deluge is his motto, he couldnt care less. But synchronicity.

McConnell has been packing the courts with young white male judges, on life-time gigs, who are overwhelmingly anti-voters rights, anti-abortion, anti-gay.

He will bend the rules to do that too, bucking "blue slips" to appoint judges. This is the accepted practice whereby nominating judicial committees must consult with the opposition (Dems in this case) and must deliver a majority vote. F(uck that, says McConnell.
The blue slip doesnt apply to the Supreme Court nominations.
 

GDPR

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UPDATE: Trump says has list dating back to campaign of 45 people to replace retiring Supreme Court Justice Kennedy
https://www.reuters.com/article/us-usa-court-kennedy/justice-kennedy-u-s-supreme-courts-pivotal-vote-to-retire-idUSKBN1JN2OF
That's interesting. Though the American people must first be allowed to decide the direction of the court and thus no nomination may be acted upon until such time comes to pass.
 

NYCKY

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Mitch McConnell engaged in unprecedented obstruction of Obama judicial nominees

This gave Trump a huge backlog to fill at all levels of the Federal court system: https://www.bloomberg.com/news/articles/2018-04-27/mcconnell-cements-a-legacy-for-trump-with-reshaped-u-s-courts

Now with Justice Kennedy retiring from the Supreme Court, Trump has an historic opportunity to reshape American laws

Kennedy is frequently the swing vote, Trump will presumably seek to replace him with someone in the mold of Gorsuch

What do folks think of the politicisation of the US judiciary ?

Also, I suspect Trump's nominations here will go down as what the GOP find most pleasing about him

Cyp
It started with Ted Kennedy and Bork. Before that the appointments were rarely as political as they are now.

There used to be a token Catholic and a token Jew and the rest were Protestants. All changed now, with a token Protestant on the court.
 

Jack Walsh

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https://www.vox.com/platform/amp/policy-and-politics/2018/6/25/17461318/anthony-kennedy-retirement-supreme-court


Note also that Mueller's work will probably get challenged in the Supreme Court

Cyp
Kennedy is a bigger conservative than Gorsuch.
If he was close to being a moderate he wouldn't dream of stepping down and handing the ball to an idiot like Trump.
Trump will be very fortunate to even get a Gorsuch type through, and will get nothing through if Senate majority goes
 

Dame_Enda

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BREAKING: President Trump says he'll "immediately" begin search for new Supreme Court justice while calling retiring Justice Kennedy a man of "tremendous vision"

https://twitter.com/AP/status/1012038793971617793
 

GDPR

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https://www.vox.com/platform/amp/policy-and-politics/2018/6/25/17461318/anthony-kennedy-retirement-supreme-court


Note also that Mueller's work will probably get challenged in the Supreme Court

Cyp
McConnells 33 years in the Senate have been focused on two things:

Making it easier for special-interest money to influence elections, and rigging the federal judiciary in favour of big business and right-wing ideology.

Trump just came along at the right time for him.
 

Dame_Enda

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This issue will help rally the Republican base to turn out in the Senate races.
 

Dame_Enda

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Ive just realised a dilemma: if the GOP delay a vote until the lame-duck session between November and December, they could use it for base-mobilisation in the Senate elections. On the other hand if the Dems win the Senate elections, a few moderate and anti Trump Senators might be more reluctant to confirm Trumps judicial nominee to SCOTUS in the lem duck session.

Another thing. When Kennedy leaves, the oldest Republican judge on the court will be 70 (Clarence Thomas). In contrast, 2 Dems are 79 or over (Ruth Bader Ginsburg is 85 and Stephen Breyer is 79).
 
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NYCKY

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Is Roy Moore still looking for a job? He has experience on a Supreme Court. :shock:
 

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