Monday, November 14, 2022

Senate majority judicial confirmations: Democrats must rebalance the courts./ Mark Joseph Stern//SLATE

Senate majority judicial confirmations: Democrats must rebalance the courts. Slate
By Mark Joseph Stern

Over the last five days, three different federal judges issued sweeping decisions that range from incoherent to repulsive. All three judges were nominated by Donald Trump. All three sit in Texas and regularly reward conservative plaintiffs who shop cases to their courtroom. Taken together, their rulings illustrate the lawless (and sometimes lethal) depravity that is infecting lower courts stacked with Trump judges. One ruling lets alleged domestic abusers possess firearms. Another allows health care providers to discriminate against LGBTQ patients. A third halts Joe Biden’s student debt relief program. A hard-right Trump-stacked federal appeals court issued a separate nationwide injunction against the program on Monday—yet provided literally no analysis of its legality.

This spree of partisan rulings vividly demonstrates the importance of the president’s judicial agenda. With Republicans poised to seize control of the House of Representatives (thanks to the Supreme Court), Democrats have missed a narrow window for meaningful court reform. At this point, they can only dilute the influence of Trump judges by filling every vacancy with progressive counterweights. And the party’s ability to pick up the pace of judicial confirmations hinges on two things: The outcome of the Georgia runoff, plus Democrats’ willingness to embrace the kind of hardball tactics that Republicans used to gain their current dominance in the courts. This week’s horrible rulings demonstrate the urgency of the task ahead for Senate Democrats.

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