Senate Majority Leader Mitch McConnell rammed through eight of President Donald Trump’s lifetime judicial picks in just three days this week, accelerating the far-right court takeover that one commentator warned is “absolutely going to hamstring efforts to make the U.S. into a responsible, civilized country, for as long as we live.”
The latest slew of confirmations, according to Bloomberg’s Sahil Kapur, means that Trump and his Federalist Society allies have now hand-picked “about one in every five American federal judges,” or 170 judges total.
“Nearly all are in their 40s or 50s with lifetime appointments and positioned to shape American law for generations,” Kapur noted on Twitter. “It gets a tiny fraction of attention compared to other stuff he does but this is the Trump legacy that’ll echo for generations after he’s gone.”
This is absolutely going to hamstring efforts to make the US into a responsible, civilized country, for as long as we live. And all I’ve heard any liberal do is point to it and lament. Is there any remedy on the table, even theoretically? https://t.co/8DtDd9xYzb
— David Roberts (@drvox) December 5, 2019
The Republican-controlled Senate confirmed one lifetime judicial nominee Tuesday, five Wednesday, and two Thursday. The rapid confirmation of Trump nominees was made possible by McConnell’s decision earlier this year to invoke the so-called “nuclear option,” which slashed debate time on judicial nominees from 30 hours to just two.
“We’re appalled,” the Leadership Conference on Civil and Human Rights tweeted Thursday in response to the latest confirmations.
Progressive advocacy groups and legal experts have warned that these right-wing judges will have the power to shape U.S. law on climate, reproductive rights, and other major areas for decades to come. At a rally in Kentucky last month, McConnell bragged that he and Trump are “changing the federal courts forever.”
In addition to being overwhelmingly young and far-right, a number of Trump’s judicial appointments have also received a “not qualified” rating from the American Bar Association. One such judge, Federalist Society member Sarah Pitlyk, was condemned as particularly horrifying by rights groups following her confirmation Wednesday.
“Sarah Pitlyk’s confirmation to the district court in Missouri is a dream come true for the anti-choice movement and a profound danger to women and families in the state,” Ilyse Hogue, president of NARAL Pro-Choice America, said in a statement. “Putting judges like Pitlyk on the bench who will spend their lifetime appointments working to roll back reproductive freedom is further proof that Donald Trump is paying back his debts and then some to the anti-choice movement that got him elected.”
In the face of the ongoing right-wing takeover of the federal judiciary, advocacy groups are pressuring 2020 Democratic presidential candidates to explain how they would work to reform the nation’s court system in order to enact progressive policy changes.
“Without a meaningful plan for court reform any presidential attempts to make needed change will simply by blocked by the courts,” said Emma Janger, co-director of the People’s Parity Project, a nationwide network of progressive attorneys and law students.
As Common Dreams reported in October, advocacy group Demand Justice launched a campaign urging Democratic presidential contenders to emphasize the importance of the federal courts and tell the public how they plan to break the right’s stranglehold on the judiciary.
“The GOP has hijacked our nation’s courts,” said Demand Justice, “and voters need to hear plans to fight back.”
Angry, shocked, overwhelmed? Take action: Support independent media.
We’ve borne witness to a chaotic first few months in Trump’s presidency.
Over the last months, each executive order has delivered shock and bewilderment — a core part of a strategy to make the right-wing turn feel inevitable and overwhelming. But, as organizer Sandra Avalos implored us to remember in Truthout last November, “Together, we are more powerful than Trump.”
Indeed, the Trump administration is pushing through executive orders, but — as we’ve reported at Truthout — many are in legal limbo and face court challenges from unions and civil rights groups. Efforts to quash anti-racist teaching and DEI programs are stalled by education faculty, staff, and students refusing to comply. And communities across the country are coming together to raise the alarm on ICE raids, inform neighbors of their civil rights, and protect each other in moving shows of solidarity.
It will be a long fight ahead. And as nonprofit movement media, Truthout plans to be there documenting and uplifting resistance.
As we undertake this life-sustaining work, we appeal for your support. Please, if you find value in what we do, join our community of sustainers by making a monthly or one-time gift.