Democrats weigh in on expanding lower courts after Trump

Democrats are considering how to reshape the judiciary after Republicans moved at record speed to confirm Conservative judges in the past four years.

Old President TrumpDonald Trump: Kelli Ward Rejects Arizona GOP Race Audit Request for Gun Sales Rises Amid Pandemic Uncertainty, Biden Votes for Gun Reform Prosecution Lawyer of Trump, Bowers, leaves the team, aided by a Republican-controlled Senate, set the second-fastest pace in court appointments, allowing it to gather courts with selections, including three Supreme Court judges, who were overwhelmingly white, younger, and ideologically conservative. .

President Biden has 50 vacancies to fill: three in the influential circuit courts and 47 in the district courts. This number will eventually grow, including an opening to the powerful DC circuit once Merrick GarlandMerrick Brian Garland: Democrats weigh in on lower courts after Trump blitz Biden begins staffing committee to study Supreme Court reform: report from more than 40 lawmakers sign letter urging Merrick Garland to prioritize abolition of the death penalty MORE is confirmed as Attorney General.

As Democrats chart their strategy, they float by expanding the number of lower court seats, an idea that could have some bipartisan support.

“I have a huge city in Buffalo, they don’t have enough judges. There is this long line before they get to court because they don’t have enough. That way, we could expand them, ”the Senate majority leader said Charles SchumerChuck Schumer: Proposed Permanent Fencing at the Capitol Causes Bipartisan Retreat Immigration Reform Can’t Wait Psaki hopes DHS Mayorkas candidate to lead task force to reunite separated families MORE (DN.Y.), he said during a recent interview with MSNBC’s Rachel MaddowRachel Anne Maddow: Democrats weigh in on lower court expansion after Trump blitz Paul says Roberts’ absence argues’ crystallized ‘against Trump’s ouster. Psaki expects DHS Mayorkas candidate to lead task force to reunite separated families MORE.

His. Dick DurbinDick Durbin: Democrats weigh in on lower courts after Trump blitz Biden revive fight for immigration in Congress Biden immigration plans hit first issues (D-Ill.), The majority whip and new chairman of the Senate Judiciary Committee, was also open to the idea, saying a Republican Party senator had already raised the issue with him.

“Interestingly, I had a Republican senator who turned to me to expand the number of federal judges in his state, so there seems to be a certain feeling [are] the delays of the federal judges, ”Durbin said.

Expanding the number of judicial seats would require legislation in Congress, including Republican Party support in the Senate.

His. John CornynJohn Cornyn: Democrats weigh in on lower courts after Trump blitz Biden rekindles immigration fight in Congress Trump’s censorship faces difficulties in Senate MORE (R-Texas) has not discussed the issue with Durbin, but said it is willing to discuss more lower court judges.

“My state is a big and growing state, and we have a lot of cases. … I would be open to having a conversation about that, ”Cornyn said.

Nominations only need a simple majority to be confirmed in the Senate after Democrats eliminated the 60-vote filibuster for candidates for the executive and lower courts in 2013 and Republicans delivered from the same threshold for the Supreme Court on 2017. Republicans also changed the rules in 2019 to reduce the amount of debate time for most candidates for executive and district judges, a change that will now benefit Democrats.

But Democrats will have to decide what to do with the blue sheets: the sheet of paper indicating whether home state senators support a candidate, support that had been considered critical before the Trump administration.

Republicans ignored the blue slip of circuit court judges, infuriating Democrats and outside activists by moving Trump’s picks over his opposition. In addition to determining whether they will follow the Republican Party precedent, senators are under pressure from outside groups to ignore them in district court nominations.

“I think one of the tests is carried out in places where there is no Democratic senator or where there has been a tradition of district judges sinking, how hard we are prepared not to accept the bad failures of blue return sliding and just driving the nominees, ”Sen said. Sheldon WhitehouseSheldon Whitehouse: Democrats weigh in on lower court expansion after Trump’s fall OVERNIGHT ENERGY: Biden signs a series of orders to fight climate change | Republicans pressure Granholm on fossil fuels during confirmation of Hawley’s hearing of ethical complaint against seven Democratic senators MORE (DR.I.), senior member of the Senate Judiciary Committee, during an act of the Alliance for Justice.

Durbin has not said how he will handle the blue tickets.

Biden begins his presidency with the fewest court seats since former President George HW Bush, according to FiveThirtyEight.

But Democrats are hinting that there could be additional vacancies, as judges who would have been suspicious of retiring during the Trump administration begin to occupy a staff, which would help Biden, who previously chaired the Judiciary Committee. of the Senate, to expand its capacity to form the courts.

Republicans publicly pressured Republican-appointed judges to step down last year, as control of a majority of the White House and Senate of the Republican Senate appeared in jeopardy and more accurately.

“There will be many vacancies. And I think there are a lot of judges, appointed Democrats who didn’t get a higher status while Trump was president who will do it now, and … then we’ll get it, ”Schumer said.

Federal courts have become a growing lightning rod in recent years as the Senate has been embroiled in consecutive Supreme Court fights and Democrats are facing growing pressure from their base to enact judicial reforms. wide.

Progressives have publicly pressured Justice Stephen BreyerStephen Breyer: Democrats weigh in on expanding lower courts after Trump blitz COVER LIVE OPENING: Biden signs executive orders; The press secretary holds the first Sotomayor briefing that dissents the latest federal execution, calling it “justice on the fly.” to retire so that Biden can occupy the seat while the Democrats control the Senate. Breyer, 82, is the oldest Supreme Court judge to be appointed by a Democratic president. Breyer was appointed by former President Clinton while Justices Elena KaganElena Kagan: Democrats weigh in on expanding lower courts after the Supreme Court was authorized by Trump, an ex-Christie aide, in the “Bridgegate” scandal that was looming in the local office. LIVE OPENING COVERAGE: Biden signs executive orders; the press secretary holds the first MORE briefing i Sonia SotomayorSonia Sotomayor: Democrats weigh in on expanding lower courts after Trump blitz Night Defense: Army details new hairdressing standards | DC National Guard chief says Pentagon restricted his authority before riots | Colorado asks Biden not to move Space Command’s exclusive “Lucky” snippet: Black woman’s vote in Supreme Court was Biden’s turning point MORE they were appointed by then-President Obama and have 60 and 66, respectively.

Progressives are also trying to put pressure on Democrats to expand the Supreme Court. Republicans refused to give Garland, the final candidate for Obama’s Supreme Court, a hearing or a vote during an election year, but then set a new record in 2020 in terms of the proximity of the upcoming elections. ‘has confirmed with the Supreme Court Amy Coney BarrettAmy Coney Barrett: Democrats weigh in on the expansion of lower courts after Trump ruled the South Carolina Senate voted to outlaw most abortions in the state. Biden begins staffing committee to study Supreme Court reform: MORE report, Trump’s third candidate.

Increasing the size of the Supreme Court would combine two politically controversial ideas, with the other that would overturn the 60-vote legislative filibuster, something Senate Democrats currently do not have the votes to do. Both the House and the Senate would have to pass legislation that would change the size of the court, which has been up to nine judges since 1869.

Biden has initiated a commission to examine reforms in the Supreme Court and the federal judiciary.

Schumer was uncommitted to the future of the Supreme Court, and said Democrats would wait to see what that group recommends.

“As for the Supreme Court, this is the big one, and President Biden has convened this commission to present a report in 180 days. We will see what this commission says and we will go from there,” Schumer said.

He added that while waiting to see the report, the Senate Democratic group was “torn” by the idea of ​​adding seats to the Supreme Court. It would need the support of all members of the group to remove the filibuster and vote to expand the Supreme Court.

“You know, some of them are very useful,” he said. “Some are against it.”