Despite there only being one current appellate vacancy in the nation, conservative control of the Supreme Court and many lower federal courts keeps courts central.
I have to wonder whether if a Trump v. Harris (or like in 2020 a Trump surrogate v. Whomever) election case goes to the Supreme Court, how fair the Roberts court could be if any Harris victory might lead to SCOTUS reform? It’s already a partisan court … but fear of a loss of power would practically dictate a pro-Trump decision (see Trump v. United States).
Bottom line: (1) Harris is NOT tRump; (2) She believes in gender equality, and trans rights; and (3), she is NOT tRump. Otherwise, just a so-so middle-of-the-road Dem politician. But, she gets my vote, and the votes of of millions of other people.
I appreciate the job Biden and the Democrats have done with judicial nominees. He and Dick Durbin have a reason to brag. It is a major reason to vote for Harris.
Still, Trump got three justices. That's a BFD, to quote someone. And, all those remaining vacancies, many in red states, underline the utter stupidity of blue slips. Durbin is enabling Republicans who rant and rave about minimum attempts to investigate ethics. Graham ranted and raved about Jackson, all pissy (sorry) that his choice was not chosen. For this so many judges are left on the table?
And, damn, the Dems should find a way in the lame duck to confirm the appellate judge that three Dems are disgustingly blocking, giving cover to Republicans, including a few alleged reasonable ones who are just promoting bullshit and hate.
Regarding Mangi, I'm not so sure it's good that Biden didn't give in, or that Mangi didn't withdraw himself. Biden didn't win this battle — Mangi remains unconfirmed — so the outcome here is just that the judgeship remains unfilled. I certainly appreciate the principle of not bowing to anti-Muslim bigotry, both on moral grounds and because the Constitution bars religious tests; but the bigotry won here anyway, didn't it?
If only Biden would use the dictatorial powers conferred by the Supreme Court to saw off the Fifth Circuit and let it drift into the Gulf. And while he's at it, the Texas district courts too.
A second concern: Your first footnote mentions that “empowerment to ignore precedent”—has that ignoring of precedent somehow *become* precedent in and of itself?
I have to wonder whether if a Trump v. Harris (or like in 2020 a Trump surrogate v. Whomever) election case goes to the Supreme Court, how fair the Roberts court could be if any Harris victory might lead to SCOTUS reform? It’s already a partisan court … but fear of a loss of power would practically dictate a pro-Trump decision (see Trump v. United States).
Bottom line: (1) Harris is NOT tRump; (2) She believes in gender equality, and trans rights; and (3), she is NOT tRump. Otherwise, just a so-so middle-of-the-road Dem politician. But, she gets my vote, and the votes of of millions of other people.
Chris thank you for this post. I feel like I’m getting a well-rounded education in legal proceedings and shenanigans in the US from your Substack.
I appreciate the job Biden and the Democrats have done with judicial nominees. He and Dick Durbin have a reason to brag. It is a major reason to vote for Harris.
Still, Trump got three justices. That's a BFD, to quote someone. And, all those remaining vacancies, many in red states, underline the utter stupidity of blue slips. Durbin is enabling Republicans who rant and rave about minimum attempts to investigate ethics. Graham ranted and raved about Jackson, all pissy (sorry) that his choice was not chosen. For this so many judges are left on the table?
And, damn, the Dems should find a way in the lame duck to confirm the appellate judge that three Dems are disgustingly blocking, giving cover to Republicans, including a few alleged reasonable ones who are just promoting bullshit and hate.
Regarding Mangi, I'm not so sure it's good that Biden didn't give in, or that Mangi didn't withdraw himself. Biden didn't win this battle — Mangi remains unconfirmed — so the outcome here is just that the judgeship remains unfilled. I certainly appreciate the principle of not bowing to anti-Muslim bigotry, both on moral grounds and because the Constitution bars religious tests; but the bigotry won here anyway, didn't it?
If only Biden would use the dictatorial powers conferred by the Supreme Court to saw off the Fifth Circuit and let it drift into the Gulf. And while he's at it, the Texas district courts too.
A second concern: Your first footnote mentions that “empowerment to ignore precedent”—has that ignoring of precedent somehow *become* precedent in and of itself?
No, it’s just acceding to lawlessness.
And besides...Have you not seen the Extreme Court with precedent?
Next aisle please.