The Poison Is Already In The System

The GOP has infected the judicial system so badly that it may not be possible to repair it.

Photo by Dim Hou on Unsplash

by Justin Rosario

The last couple of weeks have been filled with a lot of good (and occasionally hilarious) news but the last several days have not been all that great for American jurisprudence. I’ve written before about how out of control Republican judges are, and recent events indicate it isn’t getting any better. We are witnessing two extremes at work now: unqualified judges shamelessly enacting the GOP’s agenda because that’s why they were made judges in the first place, and more experienced activist judges seizing the opportunity of a broken Supreme Court to abuse their power. 

Republicans, long-planning to use the courts to control our nation, stacked the system with 200 extremists during Trump’s benighted 4 years in office. Biden and the Democrats are moving with the same urgency, having filled a record 79 open seats (with qualified jurists) so far, but only have around another 80 left. Fortunately, quite a few new seats open every year and a Biden reelection would see more Republican appointees from the Reagan and both Bush eras retire and be replaced than Democratic appointees from Clinton and Obama. As long, of course, as Republicans do not control the Senate and the filibuster.

The upside is that Republicans appear to be throwing away their shot at retaking the Senate and blocking all of Biden’s nominations. The very much downside is that the poison is already in the system.

Doing as she’s told

Last week, Trump-appointed Judge Aileen Cannon, after making it quite clear she was on Team Trump, ordered a “special master” to review the classified documents Trump illegally took from the White House, thus bringing the FBI investigation to a screeching halt. There is so much wrong with Cannon’s ruling that it is almost a parody. Is Trump still president? Does the law apply to him? Is Cannon familiar with the Constitution?