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still_one

(96,530 posts)
Mon Dec 26, 2016, 12:48 PM Dec 2016

Trump to inherit more than 100 court vacancies, plans to reshape judiciary

"Donald Trump is set to inherit an uncommon number of vacancies in the federal courts in addition to the open Supreme Court seat, giving the president-elect a monumental opportunity to reshape the judiciary after taking office.

The estimated 103 judicial vacancies that President Obama is expected to hand over to Trump in the Jan. 20 transition of power is nearly double the 54 openings Obama found eight years ago following George W. Bush’s presidency.

Confirmation of Obama’s judicial nominees slowed to a crawl after Republicans took control of the Senate in 2015. Obama White House officials blame Senate Republicans for what they characterize as an unprecedented level of obstruction in blocking the Democratic president’s court picks."

https://www.washingtonpost.com/politics/trump-to-inherit-more-than-100-court-vacancies-plans-to-reshape-judiciary/2016/12/25/d190dd18-c928-11e6-85b5-76616a33048d_story.html?utm_term=.5483ec7c5458

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Trump to inherit more than 100 court vacancies, plans to reshape judiciary (Original Post) still_one Dec 2016 OP
Elections have consequences............ Historic NY Dec 2016 #1
This was a generational event, and what many failed to grasp is that, unless something unforseen still_one Dec 2016 #4
damn do i hope he finds a way to push garrett through. mopinko Dec 2016 #2
You do know that's not gong to happen, correct? MoonRiver Dec 2016 #3
i assume not. mopinko Dec 2016 #5
It's all pretty sad and horrific. MoonRiver Dec 2016 #7
down the rabbit hole, we are. mopinko Dec 2016 #8
I hope it is ONLY 4! MoonRiver Dec 2016 #9
It won't be if Democrats don't stop attacking rust belt voters NoGoodNamesLeft Dec 2016 #10
Really, there are plenty of other voters out there that just sit home... Historic NY Dec 2016 #12
People who sit home and don't vote are not voters, they are observers at the most... NoGoodNamesLeft Dec 2016 #15
there may be some truth to that DonCoquixote Dec 2016 #27
It will be hard, Trump and company will be working hard to direct funding and jobs to those states Amishman Dec 2016 #25
That is why russ feingold, zypher teachout, and every establishment incumbent republican won the still_one Dec 2016 #21
yeah, not even gonna go THERE. mopinko Dec 2016 #11
They had the theft of the election set up all the way back then. libtodeath Dec 2016 #13
no doubt. mopinko Dec 2016 #14
If democrats MFM008 Dec 2016 #6
Sadly, there will be no blocking kudzu22 Dec 2016 #16
He can't win. SaschaHM Dec 2016 #17
Many don't deserve to be in congress, IMO. Which is part of the reason we are where we are today. JudyM Dec 2016 #18
If the American people don't see the Dems seriously fighting back, I'm afraid Crunchy Frog Dec 2016 #20
That's one of the most fucking terrifying things about this whole mess. Crunchy Frog Dec 2016 #19
They actually both concern me, but that is what made this election a generational event. Losing the still_one Dec 2016 #24
The GOP is playing to win by any means possible. nt. andym Dec 2016 #22
And Congressional majorities suddenly eager to fill those seats. n/t Orsino Dec 2016 #23
And, barring yet another S.Ct vacancy, how is he going to "reshape the judiciary?" Uponthegears Dec 2016 #26
Good post dionysus Dec 2016 #28
Kick :( Cha Dec 2016 #29

Historic NY

(37,854 posts)
1. Elections have consequences............
Mon Dec 26, 2016, 12:52 PM
Dec 2016

life as you thought was bad under Obama is about to be completely upended. Wait until the expand the Gitmo Prison to off mainland criminals. Thank you voters, the ones that thought their protest vote against Hillary over Sanders was ok.

still_one

(96,530 posts)
4. This was a generational event, and what many failed to grasp is that, unless something unforseen
Mon Dec 26, 2016, 01:02 PM
Dec 2016

occurs, it will take decades to undo the damage that will be done in the next four years.

mopinko

(71,802 posts)
2. damn do i hope he finds a way to push garrett through.
Mon Dec 26, 2016, 12:56 PM
Dec 2016

that was his seat to fill. our seat to fill.
if there was a shred of fairness to be found in the whole damn thug party, they would give it to him. they will get their chance.
assholes.

MoonRiver

(36,974 posts)
3. You do know that's not gong to happen, correct?
Mon Dec 26, 2016, 01:02 PM
Dec 2016

Obama has NO way of pushing that through before the orange anus is installed.

mopinko

(71,802 posts)
5. i assume not.
Mon Dec 26, 2016, 01:05 PM
Dec 2016

i know there was a loophole discussed around here a while back, but it didnt seem like a very sturdy hole to me.

as useless as wishing for fairness from thugs. i know. i know.

MoonRiver

(36,974 posts)
7. It's all pretty sad and horrific.
Mon Dec 26, 2016, 01:10 PM
Dec 2016

I am starting to accept that I live in a banana republic, until further notice.

 

NoGoodNamesLeft

(2,056 posts)
10. It won't be if Democrats don't stop attacking rust belt voters
Mon Dec 26, 2016, 01:17 PM
Dec 2016

Dems CANNOT and WILL NOT win without taking back the rust belt states.

Historic NY

(37,854 posts)
12. Really, there are plenty of other voters out there that just sit home...
Mon Dec 26, 2016, 01:21 PM
Dec 2016

and election decided on 100k voters is an election. Where was the rust belt in 2000 and 2004 that gave us Bush????

 

NoGoodNamesLeft

(2,056 posts)
15. People who sit home and don't vote are not voters, they are observers at the most...
Mon Dec 26, 2016, 01:36 PM
Dec 2016

It's far easier to reach people who actually vote, especially when they used to vote for Democrats. These voters were LOST because the Democratic Party has the bad habit of preferring to listen to themselves over listening to the voters.

DonCoquixote

(13,711 posts)
27. there may be some truth to that
Tue Dec 27, 2016, 02:15 PM
Dec 2016

But there is also truth to that while not all of them were bigots, many were, and those that were not were willing to empower the bigots. It is one thing to want attention paid to them, to regrow jobs, it is another when some want the days when they were the ones that gt the first and best bite of everything, others be damned.

Amishman

(5,812 posts)
25. It will be hard, Trump and company will be working hard to direct funding and jobs to those states
Tue Dec 27, 2016, 01:11 PM
Dec 2016

He will do what he can to bribe those voters using everyone else's money

still_one

(96,530 posts)
21. That is why russ feingold, zypher teachout, and every establishment incumbent republican won the
Mon Dec 26, 2016, 04:15 PM
Dec 2016

Senate races in those critical swing states

Uh, no

The fact that significant number of self-identifed progressives refused to vote not just for hillary but forgot about the Senate just might have had an effect, and a good number of those swing state Democrats were not only progressive, but campaigned on the issues Bernie spoke of. only confirms not only that your assessment is wrong, but those self-identified Democrats who wanted to teach a lesson to everyone by not voting, just screwed everyone for at least a generation

mopinko

(71,802 posts)
11. yeah, not even gonna go THERE.
Mon Dec 26, 2016, 01:17 PM
Dec 2016

sheesh. if he gets re-elected it WILL be time for me to move back to the old sod, where i have more rights than i do here now.
farms going for peanuts over there, too.

mopinko

(71,802 posts)
14. no doubt.
Mon Dec 26, 2016, 01:31 PM
Dec 2016

could have just been their usual hubris, but they dont tend to over play their hands. they always have an ace in their back pockets.

MFM008

(20,000 posts)
6. If democrats
Mon Dec 26, 2016, 01:05 PM
Dec 2016

Don't block his shit to the best of their abilities
We don't deserve to be in Congress at all.

kudzu22

(1,273 posts)
16. Sadly, there will be no blocking
Mon Dec 26, 2016, 01:50 PM
Dec 2016

thanks to Harry Reid's short-sighted move to invoke the so-called "nuclear option" and eliminate the filibuster for presidential nominees. I love him but man, what a dumb move that was.

SaschaHM

(2,897 posts)
17. He can't win.
Mon Dec 26, 2016, 02:25 PM
Dec 2016

People were crying and screaming about Democrats being weak for not getting rid of the filibuster. Hell, Even Bernie and Elizabeth Warren voted to get rid of it on non-Scotus nominees. The only ones that didn't were the Republicans, Pryor, Levin, and Manchin.

JudyM

(29,517 posts)
18. Many don't deserve to be in congress, IMO. Which is part of the reason we are where we are today.
Mon Dec 26, 2016, 03:09 PM
Dec 2016

We have been too quick to roll over rather than taking the oh-so-horrible path of partisan maneuvering.

Crunchy Frog

(26,977 posts)
20. If the American people don't see the Dems seriously fighting back, I'm afraid
Mon Dec 26, 2016, 03:20 PM
Dec 2016

that more and more of them are going to think that there's no point in supporting or voting for them. I seriously worry about losing the support of the electorate that's normally aligned with Dem values.

Crunchy Frog

(26,977 posts)
19. That's one of the most fucking terrifying things about this whole mess.
Mon Dec 26, 2016, 03:13 PM
Dec 2016

This scares me more than his nuke talk. This won't be America anymore after he gets through with it.

still_one

(96,530 posts)
24. They actually both concern me, but that is what made this election a generational event. Losing the
Tue Dec 27, 2016, 10:34 AM
Dec 2016

Presidency was bad, but also losing the Senate is a complete disaster that will take a decades to recover from the damage that will be done

 

Uponthegears

(1,499 posts)
26. And, barring yet another S.Ct vacancy, how is he going to "reshape the judiciary?"
Tue Dec 27, 2016, 02:02 PM
Dec 2016

Except for one sliver of constitutional law applicable in criminal cases, Justice Scalia was as far to the right as you can get. Regardless of who he appoints to fill the Scalia vacancy, the balance in the Supreme Court will not change.

Of those 102 remaining vacancies, only 13 are on the Circuit Courts of Appeals (where federal law is primarily made/interpreted) and none of those vacancies will change the balance of the en banc court in any circuit. The fact of the matter is that, while many are bemoaning the fact that Harry Reid eliminated the filibuster for non-S.Ct. judicial nominees, Obama was able to leave a lasting legacy in the courts of appeals.

The remaining vacancies are in the district courts where any legal decision a Trump judge would make would be subject to de novo review in the courts of appeals and every factual decision a Trump judge would make would affect only the particular case before them. Now that sucks for the litigants in that case, but it doesn't "reshape" anything.

The tragedy of Trump is not that we face a rollback of Obama-era S.Ct. decisions, but that we lost a potentially once in a lifetime opportunity to reverse some really horrendous decisions. Citizens United was 5-4, with Scalia in the majority (in fact, even though Buckley v. Valeo - which gives a millionaire a million times more political free speech than a person with a dollar in his pocket - was not 5-4, many of the fractured concurring opinions which were cobbled together to get a majority decision were actually close to saying that money does not equal speech). Shelby County, the VRA decision, was 5-4 with Scalia in the majority. Heller, the 2nd Amendment case, was a 5-4 decision with Scalia in the majority. Hobby Lobby was a 5-4 decision with Scalia in the majority. We could have changed this country for a generation and we failed.

As sad as that is, however, it doesn't mean that Trump can reshape the federal courts.

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