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Thread: Toward a less dangerous judicial branch

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    Toward a less dangerous judicial branch

    Toward a less dangerous judicial branch

    With SCOTUS, the courts of appeals and the federal district courts being filled with constitutionalists, we are seeing a less dangerous judicial branch. These judges will not legislate from the bench and will respect the Constitution.

    According to the consortium conducting exit polls in the 2016 presidential election, 21 percent of voters viewed Supreme Court appointments as the “most important” factor in making their choice. These voters supported Donald Trump by a 15-point margin—more than enough to secure his victory, given the tightness of the race.

    Among Trump’s first moves in office was the nomination of Neil Gorsuch, confirmed by the Senate on April 7, 2017, to fill the Supreme Court vacancy created by the death of conservative stalwart Antonin Scalia in February 2016. Anthony Kennedy’s retirement in June 2018 opened a second Court vacancy. President Trump’s nominee to fill that seat, Brett Kavanaugh, seemed well on his way to certain confirmation when it was leaked that Christine Blasey Ford had accused him of assaulting her while in high school. Ultimately, now-Justice Kavanaugh was narrowly confirmed by a near-party-line vote. Trump has thus filled two of the nine seats on the nation’s high court in his first two years in office.


    It’s too soon to know exactly what kind of justices Gorsuch and Kavanaugh will be, but both are legal superstars with clear conservative judicial records. Trump has delivered for voters who prioritized the Supreme Court as an issue.


    Moreover, the Trump administration, to date, has significantly outpaced its recent predecessors in winning Senate confirmations to the U.S. Courts of Appeal. Federal appellate courts are the courts of last resort in far more cases than will ever find their way onto the Supreme Court docket. (The Supreme Court has typically issued 70 to 80 merits opinions per term in recent years; federal appellate courts receive tens of thousands of filings every year.) Through November, Trump had appointed 29 of the 166 authorized active judgeships in the 12 regional Courts of Appeals—compared with 11 by the same time in Barack Obama’s presidency, 12 for George W. Bush, and 19 for Bill Clinton. And several more circuit court nominees await their confirmations.


    Trump’s nominees to federal district courts have been confirmed relatively less quickly. Through November 2018, the Senate had approved 53 of his nominees for district courts, compared with 30 for Obama, 83 for Bush, and 107 for Clinton at the same point in their presidencies. But Trump has more than 50 district-court nominees pending, and many are likely to be confirmed—if not during the lame-duck period after the election, then by the new Senate, with a slightly larger Republican majority.


    The president’s success in winning confirmation for his judicial nominees is a testament to the acumen and vetting process of the now-former White House counsel, Don McGahn, and the political skills of Senate Majority Leader Mitch McConnell. The Democrats’ ability to obstruct confirmations has also been hampered by the 2013 decision of former Democratic Majority Leader Harry Reid to jettison the Senate filibuster rule for judicial nominations. Reid’s decision secured confirmations for three Obama administration nominations to the D.C. Circuit Court of Appeals that Republicans had held up but left the Democrats with limited options for slowing or blocking nominations when in the minority, as they have been during Trump’s presidency so far.
    Read the rest of the article at the link.
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    This trend of a random federal judge in Seattle or Portland going into activist mode based on his own personal political views needs to be gotten under control.

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    Hopefully more judgeships will be filled in the next 2 years.
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    Quote Originally Posted by Peter1469 View Post
    Hopefully more judgeships will be filled in the next 2 years.
    But they need to be filled with people who understand and respect the US constitution. Those positions need to be filled with people who are not looking to be activists and push their own agenda.

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    One wonders why we have so few leaders in the House and Senate. We should be impeaching one judge per month until the activists are gone.
    Call your state legislators and insist they approve the Article V convention of States to propose amendments.


    I pledge allegiance to the Constitution as written and understood by this nation's founders, and to the Republic it created, an indivisible union of sovereign States, with liberty and justice for all.

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    Quote Originally Posted by Peter1469 View Post
    Toward a less dangerous judicial branch

    With SCOTUS, the courts of appeals and the federal district courts being filled with constitutionalists, we are seeing a less dangerous judicial branch. These judges will not legislate from the bench and will respect the Constitution.



    Read the rest of the article at the link.
    But the Judges ARE conservative right?

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    Quote Originally Posted by jet57 View Post
    But the Judges ARE conservative right?
    Conservative judges refrain from acting as a legislature, unlike liberal judges.
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    Quote Originally Posted by Peter1469 View Post
    Conservative judges refrain from acting as a legislature, unlike liberal judges.
    So they ARE conservative, which means that they are political, which means that the United States Constitution means nothing now.

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    Quote Originally Posted by Peter1469 View Post
    Conservative judges refrain from acting as a legislature, unlike liberal judges.
    Bingo Peter. Ideally the judiciary should be weakest of the branches. We have put so much focus on SCOTUS and Circuit Judges. The healthiest thing for our Republic would be that most people have no idea who any of these people even are.
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    The point is conservatives don't mind if judges are political, just so they are pro-conservative political. And still they don't get the hypocrisy when the talk about judges making activist decisions only when they are not conservative decisions.
    Quote Originally Posted by jet57 View Post
    So they ARE conservative, which means that they are political, which means that the United States Constitution means nothing now.
    Quote Originally Posted by Admiral Ackbar View Post
    Bingo Peter. Ideally the judiciary should be weakest of the branches. We have put so much focus on SCOTUS and Circuit Judges. The healthiest thing for our Republic would be that most people have no idea who any of these people even are.

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