Mr. Trump’s legacy may not include a completed border wall. But it looks like he could end up with something just as good. Maybe better. He is untangling the Federal Judiciary from the tentacles of activist liberal judges. And he has Democrats to thank for it.
Just this week, the Third Circuit “flipped” to majority Republican-appointees, the Second Circuit is on the brink of flipping, and several other evenly split Circuits are likely to go Republican.
The amusing 11th circus has shifted from an 8-3 liberal majority to a 6-6 tie. And the future is looking brighter.
The Second Circuit will flip to a majority of Republican appointees if and when the White House fills the two existing vacancies. … (The Fifth, Sixth, Seventh, and Eighth Circuits had majorities of Republican appointees at the outset of the Trump administration and have expanded the margins.)
So, that bit about Democrats? Thank Mr. Schumer and the nuclear option. The current Republican majority Senate has been using it to fill vacancies up and down the federal bench. And while we can’t expect them all to be constitutional partisans before party politics, the more Trump appointees get seated, the better the odds.
The left has relied heavily on activist judges for decades to advance their agenda – and to stop that of their ideological enemies. Their hyper-focus on the Supreme Court has not filtered down to the lower courts. And while they’ve been ranting about Russians and Racism, President Trump and his administration have been “judiciously” addressing the needs of those courts.
The Federal bench has always been a Liberal policy safety net. What happens if that disappears?
I can’t imagine it will be more pleasant than their disposition since Trump won the 2016 election. But they don’t appear to have noticed. Not yet.
Might be because Mr. Trump has been doing such an excellent job of distracting them?