Donald Trump’s greatest success may have been his appointment of judges. Many people know that he put three judges on the Supreme Court, but he also appointed more than 200 lower court judges. More than a quarter of active judges right now are Trump judges. Democrats are unhappy about this and they have come up with a plan to pack the lower courts.
Democratic Senate Majority Leader Chuck Schumer told Rachel Maddow that some states need “more judges.” Incoming judiciary chair Dick Durbin said, “Interestingly enough, I had a Republican senator who approached me about expanding the number of federal judges in his state so there seems to be some sentiment that there [are] backlogs in the dockets of federal judges.”
Biden only has 50 seats to fill at the moment, but the Democrat solution may be just to create more courts. Is there a legitimate need for this in some places? Yes. As Sen. John Cornyn (R-Texas) has said, “My state’s a big, growing state, and we’ve got huge caseloads. … I’d be open to having a conversation about that.”
The problem is that judges are a binary choice. You either get judges that believe in the Constitution under a Republican or radical judges whose only goal is to further liberalism under a Democrat. There may be a few squishy Republicans and blue Dog Democrat that sort of believe in the rule of the law that slide in on one side or the other, but there really isn’t a lot of middle ground. Would creating a new court somewhere like Texas be a good idea? Not if it’s staffed with a bunch of Sonia Sotomayor style, the law comes last and my ideological beliefs come first types.
This idea would require Republican support in the Senate to pass. That being said, it would not shock anyone to see the GOP just toss Trump’s hard-won gains on judges away in return for nothing while helping the Left add a lot of new judges in the name of “bipartisanship.” Let’s hope they’re not that stupid.
Author: John Hawkins