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Trump begins counter-packing federal courts, Dems can’t stop him thanks to Reid Rule

Trump begins counter-packing federal courts, Dems can’t stop him thanks to Reid Rule

Democrats removed filibuster in 2013, allowing Obama to pack the lower courts, now the rebalancing begins.

As we have pointed out repeatedly, Trump has an unprecedented opportunity to nominate a substantial percentage of the federal judiciary.

There are currently over 100 vacancies, and many more are likely to open up, Liberal nightmare: Trump could appoint half federal judiciary. Yet Democrats, so blinded by the light of #TheResistance, appeared oblivious to the approaching Tsunami of Trump lower court nominations.

Today the first waves of the Trump judicial nomination tsunami hit the beaches in D.C.

USA Today reports, Trump names 10 conservatives to federal courts:

President Trump borrowed a page from George W. Bush’s playbook Monday by nominating 10 federal court judges en masse, almost 16 years to the day that Bush named 11 appeals court judges — including a Washington lawyer named John Roberts who soon became chief justice of the United States.

Trump’s action represents the opening salvo in what will be at least four years of battles with Senate Democrats over the federal judiciary, one that the president intends to pack with conservatives after President Barack Obama spent eight years tilting nearly every circuit court to the left.

Ilya Shapiro writing at the CATO Institute website likes the list, Trump’s First Slate of Lower-Court Judges Is Big League:

With this excellent slate, Trump continues fulfilling his campaign promise—perhaps his most important one, in terms of securing the Republican coalition—regarding judicial nominations. For example, the two state justices who were on the potential Supreme Court list, Joan Larsen and David Stras, are engaged jurists who will make terrific circuit judges. Kevin Newsom is a serious lawyer and public servant who will serve the nation well. Pacific Legal Foundation’s Damien Schiff, with whom I’ve worked on many cases, is an inspired pick for the Court of Federal Claims.

The main person missing from this first list of nominees is Justice Don Willett of the Texas Supreme Court, who was also on the SCOTUS list and merits appointment to the Fifth Circuit. That would definitely be a bigly move. Of course, if some grand bargain is planned is where two other Texans are named to the Fifth Circuit openings and Willett is held in reserve for the next Supreme Court vacancy, I’ll take that artful deal.

The Second Amendment Foundation also approves of the list:

President Donald Trump’s first round of federal court nominees “looks very promising,” and provides strong evidence that the president is determined to fulfill one of his most important campaign pledges, the Second Amendment Foundation said today.

“We will fully vet each nominee,” said SAF founder and Executive Vice President Alan M. Gottlieb, “but at this point, it appears that Donald Trump is fulfilling his commitment to bring balance to the federal courts by nominating judges who adhere to the constitution rather than try to reinvent it to fit their own political agendas.”

In perhaps the best sign, the left-wing People for the American Way sees a vast right wing conspiracy at work:

“This slate of nominees is extremely troubling and sends a clear message that Donald Trump intends to appoint judges who will use their positions to shift the law dramatically in favor of corporations and the wealthy at the expense of ordinary people. Two of the nominees to circuit court seats have already appeared on the list of judges hand selected by far-right groups to be elevated to the Supreme Court; the records of other circuit court nominees on this list show that they’re in the same mold. We know that Donald Trump is looking for judges who will let him advance his extreme agenda….”

Keep in mind, Democrats can’t stop these nominees, they can only slow things down. Democrats having removed the filibuster in 2013 for lower court nominations opened the door for Trump to fill these seats quickly, Dems’ Nuclear Option will allow Trump to fill over 100 court vacancies quickly.

Republican Sen. John Cornyn persuasively explained The History of Democrat Deceit on Judicial Filibusters:

I hope that Trump moves will all due speed to fill as many of those 100+ vacancies as possible. If for some reason Democrats regain control of the Senate in 2018, the window of opportunity will have been missed.


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tarheelkate | May 8, 2017 at 5:48 pm

I voted for Trump primarily because I hoped he would make good court appointments, or at least in the hope that his appointments would be far better than any Clinton appointments. So far my vote seems justified.

great unknown | May 8, 2017 at 5:53 pm

President Trump’s cabinet appointments are good to excellent, but in any case, they are rather temporary: a new administration, or even this one, can change the lineup rather easily.

Judicial appointments, on the other hand, are a legacy. And thank G-d, looking to be a very imposing, positive legacy.

    Tom Servo in reply to great unknown. | May 8, 2017 at 5:59 pm

    Yes! This is the thing I don’t get about the never-Trumpers most of all. Even if ALL he did was make a series of significant court appointments, like he’s doing, and he did nothing else worthwhile at all… it would STILL be worth it to me! This is the method that the left chose 30 years ago to totally transform society. If it isn’t counteracted, then nothing we do on any other front is going to mean anything at all.

    And this actually isn’t all he’s doing. It has been great fun today to read all the wailing and gnashing of teeth due to Pruitt cutting loose some of the left’s favorite “science” advisors from their role overseeing EPA policy.
    Oh of course that will mean THE END OF THE WORLD AS WE KNOW IT!!! of course it will.

almost 16 years to the day that Bush named 11 appeals court judges — including a Washington lawyer named John Roberts who soon became chief justice of the United States.

Considering subsequent developments, I wouldn’t call that a sterling omen.

Trump needs to make changes that strike to the heart of progressive fascism. Reestablishing the Militia with every member authorized by the federal gov to carry concealed weapons would be a good start. Erecting a legal wall to keep illegals out of our society would be great. Ending gov benefits for non-citizens would be a home run. These can become law the same way ObamaCare was passed.

    Another Ed in reply to ConradCA. | May 8, 2017 at 6:34 pm

    “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

    I see nothing in those words about open carry or concealed carry of arms, or any need for the Federal government to authorize anything. There is no mention of barrel lengths, caliber of ammunition or the number of rounds or arms. The impositions, restrictions and infringements we have now are because we allowed them to happen. This needs to stop – immediately, at the city/town/village, county, state and Federal levels. The U.S. Constitution applies to the states and local governments. Contact all representatives of your government and demand that the infringement stop and current laws that infringe be revoked.

I’ve been taunting the liberals on other forums about this for weeks with great glee.
They really aren’t responding much so I’d have to agree they SEEM oblivious. I’m sure dem senators aren’t.

Trump is actually way behind where he should be: too many vacancies left un nominated. The holdup appears to be Grassly, Hatch, and others on the judiciary trying to dictate their own nominations to Trump.

    Subotai Bahadur in reply to rotten. | May 8, 2017 at 8:50 pm

    Keep in mind that while the Democrats will of course oppose the rule of law as part of their political DNA, it is the “usual suspects” among the Republicans who will be the biggest obstacle and who will be pleased to give the Democrats any victories they can.

      Tom Servo in reply to Subotai Bahadur. | May 8, 2017 at 10:24 pm

      I saw a writer today who said “Trump greatest difficulty is that he has 2 different parties he has to deal with in Washington – one is dedicated to blocking his appointments and doing everything they can to block him from accomplishing his core goals. The other party is the Democrats.”

    PhillyGuy in reply to rotten. | May 9, 2017 at 12:38 am

    My understanding is that many under secretary and deputy positions already have names attached to them but they are jammed up in the OGE process. Official nominations can only occur after they pass OGE vetting.

Progress. Positive progress.

buckeyeminuteman | May 8, 2017 at 8:12 pm

I hope Trump picks better than the likes of John Roberts

BrokeGopher | May 8, 2017 at 8:45 pm

The best part is, even if AHCA is defeated, the liberals will think they stopped Trump and celebrate, not realizing that we’re winning hand over fist where it counts.

Here is the WH link which describes who the picks are –

And Sessions got seven new immigration judges – he wants to put in a total of 50 new judges this year. Apparently, they don’t have to go through any Congressional approval process.

Humphrey's Executor | May 8, 2017 at 11:12 pm

We dodged a bullet. If Hillary had won it would have been curtains for the 1st and 2nd Amendments and God know what else.

Pack! Pack! Pack!
When did the press use that term to describe bho’s ultra-liberal nominations?