With executive and legislative power, a party can put its stamp on the unelected third branch of government, the judiciary, and that legacy can long outlast the politicians.
Add to those perennial issues the novel one of 2024: Trump’s legal accountability. Here, the judiciary’s impact couldn’t be more clear. Foot-dragging — by the Supreme Court, where three Trump appointees sit, and at the Florida district court where a Trump-appointed judge presides — has all but assured that voters won’t get criminal verdicts before election day on the former president’s efforts to overturn his 2020 defeat and to squirrel away top-secret documents.
But better slow action in the Senate on Biden appointees than a return, if Trump wins, to a fast track for extreme right-wingers. Such as Trump-appointee Aileen Cannon, the novice Florida district judge handling the former president’s trial involving classified material. Or Matthew Kacsmaryk, the Texas district judge and culture warrior who last year sought to outlaw mifepristone, one of two drugs used for the medication abortions that account for more than half of all abortions in the country.
When Trump reluctantly left the White House, his judicial picks made up one-third of the Supreme Court, nearly one-third of the 13 appeals courts and more than a quarter of the 94 district courts.
One problem is that Biden didn’t inherit nearly as many vacancies as Trump did. McConnell had thwarted confirmation of many nominees in Obama’s final year — most famously, Merrick Garland for the Supreme Court — so Trump was able to fill the seats. Then in Trump’s final year, McConnell nearly made good on a vow to “leave no vacancy behind”; he even rammed 14 nominees to confirmation after Trump lost the 2020 election, the first time a defeated president’s nominees were confirmed since 1897.
Source: Law Daily Report (lawdailyreport.net)
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