Trump Has Reshaped the Judiciary. Heres How the 2020 Democrats Would Address That. – The New York Times
CONCORD, N.H. Though an impeachment trial, a Russia investigation, an Iran crisis and other daily turmoil, President Trump has repeatedly been able to point to one consistent success that has united Republicans moving conservative justices onto all levels of the federal judiciary.
The count now stands at more than 180 judges many of whom are endorsed by the conservative legal group, the Federalist Society. About 50 of the judges sit on the nations appeals courts. (By comparison, President Barack Obama appointed about that many circuit court judges during his entire eight-year term.)
Mr. Trumps ability to push through judges has been possible in large part because of the success that Mitch McConnell, the Senate majority leader, has had in holding open seats during the Obama administration and pushing nominees through after Mr. Trump took office.
On Saturday, eight of the presidential candidates still in the Democratic primary race took turns outlining their views on the federal judiciary; they argued about how and whether they would work with Republicans, if elected, and how they would protect reproductive rights and other Democratic priorities.
But for all of the focus on the critical importance of the courts, the candidates recognized the limits of what even a Democratic president could do, if Republicans and Mr. McConnell remained in control of the Senate.
The best solution to the Senate is to make sure that in 2021, Mitch McConnell is no longer in the majority, or preferably not in the Senate at all, former Mayor Pete Buttigieg of South Bend, Ind., told the gathering on Saturday. He added, This is our chance, this is our only chance.
We are going to be, I think, just about No. 1 by the time we finish No. 1 of any president, any administration, Mr. Trump bragged in November, releasing a fact sheet about his success in confirming judicial nominees.
As a result, Democrats fear reversals on a wide array of labor law, civil rights and environmental cases as the courts move steadily to the right. Perhaps no issue has garnered more attention than reproductive rights, in which Democrats fear a conservative-leaning Supreme Court can significantly restrict or even remove the constitutional right to abortion.
We have courts that are completely out of balance that have been taken over by activist judges who certainly, absolutely want to end Roe and criminalize abortion, said Ilyse Hogue, president of NARAL Pro-Choice America, which co-sponsored the forum on Saturday. But abortion is always the tip of the spear on human rights.
At the event Saturday, Democratic candidates largely were unified in their pledge to try to balance Mr. Trumps judicial appointments with ones of their own. Several candidates, including Senators Bernie Sanders, of Vermont, and Amy Klobuchar, of Minnesota, said they would be in favor of creating their own lists of qualified justices who they would be ready to push forward on the first day of their administrations.
Lets give Trump and Mitch McConnell some credit, Mr. Sanders said. They were well organized; they knew what they were doing. As a member of the Senate, I can tell you, you know what we do every day? We vote for right-wing, extremist judges.
As Tom Steyer, the former hedge fund executive, put it: Someones got a steamroller. And theyre going right over us.
Senator Elizabeth Warren of Massachusetts attacked the qualifications of the judges appointed by Mr. Trump, calling them beyond unqualified and arguing that they would not have been acceptable in previous presidential administrations.
Asked by a moderator whether she would seek to appoint young progressive justices to the court to balance conservative appointments by Mr. Trump, she said she would.
I want judges who believe in democracy, who believe in justice, who believe in the rights of individuals, she said, because that is the job of a justice.
The Democratic candidates were repeatedly pressed by moderators to explain how they planned to make any changes to the courts or to enshrine threatened civil rights legislation into law if the Senate remained controlled by Republicans.
The most common answer involved winning elections. If we dont change Congress, were screwed. Mr. Buttigieg said.
Power is the only language the Senate G.O.P. responds to right now, he said. Our partys sense of fair play has come back to bite us.
Ms. Klobuchar argued that her experience in the Senate had given her insight into how to work the levers of Congress and, if necessary, to conduct a pressure campaign to get judicial openings filled with candidates of her choosing.
Its a game thats been going on, Ms. Klobuchar said. Youve got to be creative.
All of the candidates staunchly backed a womans right to choose, and most pledged to do whatever they could to codify Roe v. Wade, the 1973 Supreme Court case that established theconstitutional right to abortion.
Ms. Warren said that over the years, the rights afforded by the case had become narrower and narrower, like were standing on a ledge, and every couple of months another rock sort of breaks loose and falls off. And she argued that simply seeking to protect the reproductive rights through the courts was no longer sufficient.
When youve got a tilted Supreme Court and a tilted court system, weve got to start putting a lot more emphasis on what we can do through Congress, she said. In a democracy, when three out of four people want to see something be the law, then its time for us to mobilize and make it the law.
Read the rest here:
Trump Has Reshaped the Judiciary. Heres How the 2020 Democrats Would Address That. - The New York Times
- Democrats find unlikely defender over Biden decline revelations Trumps former press secretary - The Independent - May 24th, 2025 [May 24th, 2025]
- Whole Hog Politics: The autopsy Democrats actually need - The Hill - May 24th, 2025 [May 24th, 2025]
- The Democrats path back to power might start in places like this Appalachian town - AP News - May 24th, 2025 [May 24th, 2025]
- The top Democrats leading the fight against Trumps agenda - The Conversation - May 24th, 2025 [May 24th, 2025]
- Judge overturns firing of Democrats on intelligence and privacy oversight body - Nextgov - May 24th, 2025 [May 24th, 2025]
- Opinion | Trump just handed Democrats their midterm message - The Washington Post - May 24th, 2025 [May 24th, 2025]
- Democrats push back on Gov. Gavin Newsoms proposed Medi-Cal changes for undocumented immigrants - Los Angeles Daily News - May 24th, 2025 [May 24th, 2025]
- FTC's Democrats to ask judge to rule Trump fired them illegally - Reuters - May 24th, 2025 [May 24th, 2025]
- Sen. Chris Murphy: 'It was a mistake' for Democrats to let Biden stay in the race - NBC News - May 24th, 2025 [May 24th, 2025]
- Republicans Pass Horrid Tax Bill Thanks to Democrats Dying in Office - The New Republic - May 24th, 2025 [May 24th, 2025]
- Analysis | For Democrats, theres no escaping (for now) the Biden hangover from 2024 - The Washington Post - May 24th, 2025 [May 24th, 2025]
- The Democrats One and Only Union-Busting Governor - The American Prospect - May 24th, 2025 [May 24th, 2025]
- Democrats push to strip Trump of authority over police agency that protects judges as threats against judges surge - CBS News - May 22nd, 2025 [May 22nd, 2025]
- How Many Democrats Have Died In Office This Session? - Newsweek - May 22nd, 2025 [May 22nd, 2025]
- Rubio defends Trump's foreign policy as Democrats grill him on Putin and aid cuts - NPR - May 22nd, 2025 [May 22nd, 2025]
- Judge finds Trumps firing of Democrats on privacy oversight board unlawful - The Hill - May 22nd, 2025 [May 22nd, 2025]
- Senate Democrats Ask for Inquiry Into Pam Bondis Role in Qatar Jet Gifted to Trump - The New York Times - May 22nd, 2025 [May 22nd, 2025]
- Democrats Are Overperforming in 2025 Thanks to Trump and a Fresh Focus on Grassroots Organizing - The Nation - May 22nd, 2025 [May 22nd, 2025]
- What are we doing here?: Democrats were shocked at Bidens decline but stayed quiet, according to new book - CNN - May 22nd, 2025 [May 22nd, 2025]
- We shouldnt blow this one: why Democrats have a chance to retake the working class - The Guardian - May 22nd, 2025 [May 22nd, 2025]
- Opinion | Voters dont like Democrats. It may not matter for the midterms. - The Washington Post - May 22nd, 2025 [May 22nd, 2025]
- Zeldin, Democrats spar over grants and rollbacks - The Hill - May 22nd, 2025 [May 22nd, 2025]
- The Last 8 Members of Congress to Die in Office Have All Been Democrats - Business Insider - May 22nd, 2025 [May 22nd, 2025]
- Democrats Consider Tearing Up the Playbook - The Bulwark - May 22nd, 2025 [May 22nd, 2025]
- Democrats Pause Their Anger at Biden Over 2024, but Have New Questions - The New York Times - May 22nd, 2025 [May 22nd, 2025]
- Pentagon accepts 747 from Qatar as Democrats try to block Air Force One plan - Breaking Defense - May 22nd, 2025 [May 22nd, 2025]
- Opinion | Biden Is a Scapegoat. The Democrats Are the Problem. - The New York Times - May 22nd, 2025 [May 22nd, 2025]
- Democrats Move to Block Over $3 Billion in Weapons Sales to Qatar and U.A.E. - The New York Times - May 22nd, 2025 [May 22nd, 2025]
- A Vulnerable Governor and an Intraparty Feud Signal a Bumpy Road for Democrats - The New York Times - May 22nd, 2025 [May 22nd, 2025]
- Democrats let 'no tax on tips' pass the Senate. That doesn't mean they actually back Trump's campaign promise. - Business Insider - May 22nd, 2025 [May 22nd, 2025]
- Alina Habba targeted Democrats when she became New Jerseys top prosecutor. Now shes following through. - Politico - May 22nd, 2025 [May 22nd, 2025]
- Opinion | Democrats Are Getting Some Things Right - The New York Times - May 22nd, 2025 [May 22nd, 2025]
- Its time for Joe Biden to go away': Democrats are triggered by Bidens return to the spotlight - Politico - May 15th, 2025 [May 15th, 2025]
- Democrats Have a Real Shot at Retaking the Senate in 2026 - New York Magazine - May 15th, 2025 [May 15th, 2025]
- Early voting in, voter ID out as Democrats advance sweeping election bill - Spotlight PA - May 15th, 2025 [May 15th, 2025]
- Before they name a 2028 nominee, Democrats will have to decide which state will weigh in first - ABC News - May 15th, 2025 [May 15th, 2025]
- Biden didn't deceive Democrats about his decline. It's time to admit the truth. | Opinion - USA Today - May 15th, 2025 [May 15th, 2025]
- 35 Democrats vote with GOP to block Biden rule allowing Newsom's gas car ban - Fox News - May 2nd, 2025 [May 2nd, 2025]
- Democrats eager to grill Waltz during confirmation hearing for U.N. post - The Washington Post - May 2nd, 2025 [May 2nd, 2025]
- AOC says she is weighing a bid to lead House Oversight Democrats - Politico - May 2nd, 2025 [May 2nd, 2025]
- Full List of Democrats Voting to Block California Ban on Gas-Powered Cars - Newsweek - May 2nd, 2025 [May 2nd, 2025]
- California Democrats Split on Bills to Promote Housing - Governing - May 2nd, 2025 [May 2nd, 2025]
- Dear Democrats, Republicans Are Eating Your Lunch on Education. What Are You Going to Do About It? - RealClearEducation - May 2nd, 2025 [May 2nd, 2025]
- Sen. Slotkin says Democrats need to get Alpha energy and fight for middle class - PBS - May 2nd, 2025 [May 2nd, 2025]
- More than 40 congressional Democrats said in a letter that CBP actions have turned international travel to the U.S. into a "nightmarish... - May 2nd, 2025 [May 2nd, 2025]
- Democrats Could Win First Texas Senate Race in 33 Years: Poll - Newsweek - May 2nd, 2025 [May 2nd, 2025]
- Experts: Democrats likely to win NJ and VA races and more Virginia headlines - Virginia Mercury - May 2nd, 2025 [May 2nd, 2025]
- "Hegseth next": Democrats press Trump not to stop with ousting Mike Waltz - Axios - May 2nd, 2025 [May 2nd, 2025]
- Democrats rally at US Capitol to decry failure of Trumps first 100 days - The Guardian - May 2nd, 2025 [May 2nd, 2025]
- Opinion | Democrats can win over young Trump voters. Heres how. - The Washington Post - May 2nd, 2025 [May 2nd, 2025]
- Democrats' Chances of Beating GOP's Jon Husted in Ohio, According to Polls - Newsweek - May 2nd, 2025 [May 2nd, 2025]
- Democrats eager to grill Waltz during confirmation hearing for U.N. post - MSN - May 2nd, 2025 [May 2nd, 2025]
- Contributor: Democrats, please stop trying to be cool - Los Angeles Times - May 2nd, 2025 [May 2nd, 2025]
- Lessons From Across the Pond on How Democrats Can Recover? - WVIK, Quad Cities NPR - May 2nd, 2025 [May 2nd, 2025]
- Slotkin's fear of using 'oligarchy' speaks to a deeper problem for Democrats - MSNBC News - May 2nd, 2025 [May 2nd, 2025]
- House Democrats' old guard prepares to fight the youth revolt - Axios - April 30th, 2025 [April 30th, 2025]
- Most Democrats say their partys elected officials are not pushing hard enough against Trumps policies - Pew Research Center - April 30th, 2025 [April 30th, 2025]
- Greg Casar Pitches a Resistance 2.0 for Democrats in the Age of Trump - The New York Times - April 30th, 2025 [April 30th, 2025]
- House Democrats jockey behind the scenes to become party's top investigator of Trump administration - NBC News - April 30th, 2025 [April 30th, 2025]
- What should Democrats do now? Everyone has a different answer - BBC - April 30th, 2025 [April 30th, 2025]
- Democrats claims victory in special election for Iowa House seat representing Cedar Rapids - The Des Moines Register - April 30th, 2025 [April 30th, 2025]
- What have the Democrats achieved in Trumps first 100 days? - The Conversation - April 30th, 2025 [April 30th, 2025]
- Texas House Republicans flex their might after Democrats threaten legislative priorities - The Texas Tribune - April 30th, 2025 [April 30th, 2025]
- Democrats are still divided but point to recent election wins as signs of turnaround after Trump's first 100 days - Pittsburgh Post-Gazette - April 30th, 2025 [April 30th, 2025]
- Democrats say Trump's first 100 days gives them a better chance of winning back the House in 2026 - ABC News - April 30th, 2025 [April 30th, 2025]
- Arizona Democrats among those unhappy with President Trump's first 100 days in office - KJZZ - April 30th, 2025 [April 30th, 2025]
- Montana Republicans dominated the 2024 election. How did Democrats gain power at the statehouse? - KTAR.com - April 30th, 2025 [April 30th, 2025]
- Illinois governor to Democrats: Time to stop surrendering, when we need to fight - CNN - April 30th, 2025 [April 30th, 2025]
- Democrats push bill to ban discrimination against the LGBTQ+ community - Queen City News - April 30th, 2025 [April 30th, 2025]
- Top Democrats hold sit-in on Capitol steps as they seek new ways to push back on Trumps agenda - CNN - April 30th, 2025 [April 30th, 2025]
- Walz 'very pessimistic' on Democrats retaking the Senate - Fox News - April 30th, 2025 [April 30th, 2025]
- Op-Ed: Democrats must throw out the old playbook to fight Trump and win - NJ Spotlight News - April 30th, 2025 [April 30th, 2025]
- A swing-state mayoral race is about to test whats next for Democrats - NBC News - April 30th, 2025 [April 30th, 2025]
- Power dynamics at play over Democrats offices and staff in the NC Senate - Raleigh News & Observer - April 30th, 2025 [April 30th, 2025]
- Democrats seize on a new issue to use against the GOP: Social Security - The Washington Post - April 30th, 2025 [April 30th, 2025]
- Pritzker Thunders Against Do Nothing Democrats as He Stokes 2028 Talk - The New York Times - April 30th, 2025 [April 30th, 2025]
- Democrats keep saying America is an oligarchy. Is that true? - vox.com - April 30th, 2025 [April 30th, 2025]
- JB Pritzker calls out do-nothing Democrats for failing to push back against Trump - AP News - April 30th, 2025 [April 30th, 2025]
- Democrats Had a Shot at Protecting Journalists From Trump. They Blew It. - The Intercept - April 30th, 2025 [April 30th, 2025]
- Defending Jan. 6 Rioters, Investigating Democrats: How Ed Martin Is Weaponizing the DOJ for Trump - ProPublica - April 30th, 2025 [April 30th, 2025]