Republicans have biased the Supreme Court and the federal judiciary. That is, Republicans used their control of the Senate to subvert accepted practices for confirming judges. Contrary to accepted practices, Republicans confirm judicial candidates who say that they will judge cases according to conservative orthodoxy, regardless of the fallout for society. Previously, the Supreme Court tended to weigh the outcomes of their decisions for society, along with legal principles. Amy Coney Barrett, the latest Republican nominee to the Court, has expressed a willingness to disregard stare decisis. Stare decisis is the legal principle that allowing a flawed decision to stand may be better for the country than upsetting the legal system with continually changing rulings.
During the Obama, Administration Republicans failed to confirm 69 of his picks because the candidates did not affirm conservative legal principles. Republicans have confirmed 194 of Trump’s judicial appointments, including three found unqualified by the American Bar Association. Most importantly, Republicans refused to consider Obama’s pick for the Supreme Court, Merrick Garland. Their justification for ignoring their duty to consider a Supreme Court nomination occurred within a year of a Presidential election. They claimed consideration of the Garland nomination was too close to a Presidential election. Donald Trump’s confirmation of two Supreme Court justices, and likely confirmation of a third, will tilt the Court to the far right for at least a generation.
Now, Trump and his Senate majority are rushing to confirm Barrett to the vacancy following the death of Ruth Bader Ginsburg. Barrett’s nomination, and probable confirmation, is occurring in the middle of a Presidential election. To counter Republican further tilting the federal judiciary toward conservatism, some Democrats suggest reforming the judiciary. Specifically, many Democrats indicate that Congress should increase the number of Supreme Court justices from 9 to 11 to offset Trump’s two illegitimate Court appointments. Other Democrats raise two counterarguments against increasing the number of justices.
During the Obama, Administration Republicans failed to confirm 69 of his picks because the candidates did not affirm conservative legal principles. Republicans have confirmed 194 of Trump’s judicial appointments, including three found unqualified by the American Bar Association. Most importantly, Republicans refused to consider Obama’s pick for the Supreme Court, Merrick Garland. Their justification for ignoring their duty to consider a Supreme Court nomination occurred within a year of a Presidential election. They claimed consideration of the Garland nomination was too close to a Presidential election. Donald Trump’s confirmation of two Supreme Court justices, and likely confirmation of a third, will tilt the Court to the far right for at least a generation.
Now, Trump and his Senate majority are rushing to confirm Barrett to the vacancy following the death of Ruth Bader Ginsburg. Barrett’s nomination, and probable confirmation, is occurring in the middle of a Presidential election. To counter Republican further tilting the federal judiciary toward conservatism, some Democrats suggest reforming the judiciary. Specifically, many Democrats indicate that Congress should increase the number of Supreme Court justices from 9 to 11 to offset Trump’s two illegitimate Court appointments. Other Democrats raise two counterarguments against increasing the number of justices.