The Battle Over Filling Vacancies Within The Federal Court System
One of the most controversial, yet under-reported issues in our politics today is the partisan efforts over the last several years to fill the existing vacancies that exist within the federal court system at that time. Back in 2017, after the Republican Party took control of the White House and had a majority of members in both the House of Representatives and in the Senate, a deliberate goal was set to quickly fill as many federal judgeships as possible with young, conservative judges that could effectively control the U.S. legal system for decades into the future. Senate Majority Leader Mitch McConnell back in 2017 said in an interview with NPR … “There are over 1,200 executive branch appointments that come to us for confirmation, and among the most important — in fact, I would argue, the most important — confirmations we have are lifetime appointments to the judiciary,” … “Obviously, this is my top priority.”
In just four years, the prior administration, with the help of the Republican-controlled Senate, confirmed fifty-four federal appellate court judges and ten judges to the U.S. Court of Appeals for the Ninth Circuit. By comparison, President Obama only appointed seven judges to the Ninth Circuit over his eight years in office. Through this expedited process, the prior administration “flipped” the balance of several appeals courts from a majority of Democratic appointees to a majority of Republican appointees.
The last administration also had a major influence on the nation’s highest court. The three Supreme Court Justices that were appointed – Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – are the most by any president since Ronald Reagan (who appointed four) and the most by any one-term president since Herbert Hoover (though Richard Nixon appointed four in his first four years in office). Furthermore, Justice Gorsuch, Justice Kavanaugh and Justice Barrett are all age 55 or younger. A Pew Research Center analysis in 2017 found that past justices who were appointed to the court when they were 55 or younger ended up serving for an average of nearly two decades.
The federal judiciary is our third branch of government and thus has enormous influence and power within our government and over the lives of every U.S. citizen … So, who is chosen and how the selection process functions are critical to our democracy … Keeping these important points in mind, please watch the following video that unfortunately for Matthew Petersen does not reflect well on his potential appointment as a U.S. District Judge for the District of Columbia …. (You may be inclined to laugh, but this is no joke, as this could have been a lifetime appointment to a federal judgeship that was nominated by the prior individual in the Oval Office) … Thankfully, Mr. Petersen’s nomination was withdrawn after this Senate interview !
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Next, let us listen to an NPR interview from August of 2019 that discussed the judicial legacy of the prior Oval Office occupant … Listen closely to the various contributors who all have great concern over the long-lasting effects of the current court-packing process that is quietly, but very effectively, taking place …
https://www.npr.org/2019/08/02/747520685/trumps-judicial-legacy (Links to an external site.) (Links to an external site.)
So, here are my questions for you to ponder about this important issue that has largely gone unaddressed in our national discourse …
Question: (Part 1 of the Assignment) …. Due by Saturday at 11:00 PM
Should there be a legislative change made to the process of filling vacancies within the federal court system … ? (Please offer your reason(s) for supporting or resisting such a change.) … Should there be a minimum set of qualifications for any nominee to become a federal judge … ? …. Should these appointments be lifetime appointments … ?
Should any president have so much power to control both the present and the future judicial process with his/her enormous power to appoint these federal judges ? (Briefly explain) … If not nominated by the President, then who should make such nominations … ? (Offer an alternative method to consider)
Question: (Part 2 of the Assignment) …. Due by Saturday at 11:00 PM
WHY DOES THIS TOPIC MATTER TO THE UNDERSTANDING OF OUR GOVERNMENT’S ROLE IN OUR SOCIETY TODAY ? … In answering this question, you may want to consider why these appointments are so important to our democracy ?