Republican Judge Stacking
The Party has obstructed the administration of justice with Judge Stacking; that is the Republican partisan practice of opposing all judicial appointments, no matter how qualified, so the offices will be open to be filled by them with, at times, unqualified judges, whose sole qualification is his personal persuasion favoring the rights of international corporate powers over that of human citizens. (11)
Who Judges the Judges?
Back when America was truly great, and judicial nominations and confirmations were only slightly partisan, and not so much that one had to worry that some other agenda, other than upholding the constitution was calculated. For the most part, judicial review was limited to scholastic qualifications. But ever since the Gerrymandering Republican Party assembled a slight majority in both the house and the Senate this exercise has changed. For reasons that we will now explore, the Republican Party has waged a war against all judicial nominations but their own. The hard numbers of this patrician “judge staking” is documented by the “Senate Judiciary Committee Minority Members Review” to which a short summary is provided and to those needing more facts the website to the report is provided. That this is no breaking news to America is because, what the report shows was exemplified to all of us, when President Obama selected Judge Merrick Garland to the Supreme Court in the last year of his last term. The solid block of Republican Senators refused to confirm the nomination for no other reason than that they wanted the seat open, should as they did take the White House. Doing so was a clear picture of one-sided partisanship. But the real, hardly ever asked question is why? Instead of spending so much undignified effort selecting the judges, why doesn’t the Republican Party just hire good constitutional lawyers to argue their cases?
The only logical explanation is that they fear that with normal judges, a good amount of their agendas would be found unconstitutional. Their views affecting, and I quote from the report below.” health care, the environment, workers’ rights, access to voting, campaign finance, and criminal law,” in their own minds, would be unconstitutional in front of most mainstream justices. So it seems that the Republican Party will spare no expense, or lack of fairness, to insert the uncommon judge that literally marches to a different drum beat. And these are no small efforts as shown in the attached report, which includes, changing the long-standing rules of the Senate, spending millions of dollars in advertising campaigns and nominating clearly unqualified candidates, etc. And then, to top it all off, we get this Orwellian propaganda that the normal judges are “Liberals”, and the ones rewriting the constitution.
Some of you, reading this, will applaud this quest for judges to overturn Roe V Wade and we will face the issue of abortion in the next section about State Religion, but let us ask here, does the Republican Party really care about the abortion issue? Of course, they say they do, but that is what they said about the National Debt and, as we saw earlier, the first thing the Republican Party did, once in power, was to increase the debt with tax cuts. Additionally, we have seen in the previous section that the GOP is in the pocket of international corporations to prevent equitable taxation legislation. Do those corporations who care nothing about our economic health, really care about our spiritual health? As important as the abortion issue is to all of us, is it to the Republican Party just another issue to divide our country? Just as the Tea Party campaign for “fiscal reasonability” was turned into a tax cut for the wealthy will the moral Pro-Life campaign of “respect for all life” be a vehicle to circumvent the Constitutional rights of the individual under the international corporate moralless goal of profits above all else?
Is this an overstatement, that the Republican Party is involved in a long-term “conspiracy” to divide and conquer our democracy? That with a handpicked cluster of judges, that the Constitution can be fashioned to support anything; which is to say the constitution can be circumvented. Here are just a few glaring examples of this circumvention wished for by the Republican Party; making international corporations a United States person with full campaigning rights, allowing campaign funds to be anonymous, protecting unlimited mind controlling advertisements as free speech, protecting corporations from environmental laws, allowing states to make it harder for the poor to vote, limiting worker and immigration rights. In short, the Republican Party, through their judge stacking, is attempting to fashion the constitution for the protection of the international corporate monarchy against the will and freedom of the American peoples. If this isn’t Treason then what is?
SENATE JUDICIARY COMMITTEE MINORITY MEMBERS REVIEW of REPUBLICAN EFFORTS TO STACK FEDERAL COURTS MAY 10, 2018
Dear Colleagues: One of the Senate Judiciary Committee’s most important responsibilities is to review and evaluate the president’s nominees for lifetime appointments on federal courts to ensure they are qualified and within the mainstream of legal thinking.
The federal court system is comprised of 94 district courts, 13 courts of appeals, the Court of International Trade and the Supreme Court. The 874 judges who sit on these courts rule on hundreds of thousands of cases each year. They have the final say on important legal questions pertaining to health care, the environment, workers’ rights, access to voting, campaign finance, and criminal law.
After decades of unyielding obstruction of judicial nominees, including during both of President Obama’s terms—culminating in the unprecedented decision to block a Supreme Court nominee for a year—President Trump entered office with 112 judicial vacancies, compared to just 53 vacancies when President Obama entered office.
To fill these vacancies and change the nature of the federal judiciary for decades, President Trump and Senate Republicans have been rushing nominees through the Senate at a breakneck pace by changing the process for consideration and eliminating traditions that had been followed for over a century. The Judiciary Committee has approved nominees even when they lacked support of home-state Senators, did not have necessary legal experience, held views far outside the mainstream, or were rated unanimously “not qualified” by the American Bar Association.
The strategy of pushing right-wing ideological nominees onto the courts with minimal review resulted in 12 of President Trump’s circuit court nominees being confirmed after just 328 days in office. This is the most nominees ever confirmed in a president’s first year since the circuit court system was created in 1891.
In less than 16 months, President Trump will have secured confirmation for 21 circuit court nominees. By comparison, President Obama’s 21st circuit court nominee was not confirmed until October 2011—33 months into his administration.
Despite their often ideological records, these circuit court nominees were confirmed by the Senate an average of just 20 days after being voted out of the committee. This is eight times faster than President Obama’s nominees, who were confirmed an average of 167 days after being voted out by the committee.
At the committee’s first 2018 markup, 17 judicial nominees were moved forward, including one nominee who was opposed by leaders of the Congressional Black Caucus because he spent his career defending North Carolina’s restrictive voting law, which the Fourth Circuit struck down because the measures “targeted African Americans with almost surgical precision.” 3 Democratic senators spoke in opposition to this nominee and several others who were approved by the committee that day. In contrast, Republican senators offered little in the way of defense before voting in lockstep to approve these nominees. The scene was emblematic of Republicans’ rush to fill vacancies under President Trump as quickly as possible.
This report lays out, chapter and verse, how President Trump and Republicans are working to stack the federal judiciary, particularly circuit courts.
(For the full report go to: https://www.feinstein.senate.gov/public/_cache/files/b/7/b783e2d9-38be-4798-a7fb-e89ff11fd47c/A233636E649CB9CD98B0555FB3D18C88.judiciary-dems-final-judges-report-5.10.18-.pdf)