Monday, September 15, 2014

MAJORITY OF FEDERAL APPELLATE COURT JUDGES NOW DEMOCRATS

When Obama took office, there were 99 circuit judges appointed by Republican presidents and 65 by Democrats, but today there are 77 Republican appointees and 95 Democratic

During his six years in office, President Obama has succeeded in changing the political landscape of the federal appellate court system. Newsmax reports that when Obama took office, there were 99 circuit judges appointed by Republican presidents and 65 by Democrats, but today there are 77 Republican appointees and 95 Democratic.

After Republican filibusters blocked many of Obama’s court nominations, Sen. Harry Reid called on the Senate’s Democratic majority to pass the ‘Nuclear Option’ which required only a simple majority to confirm the president’s judicial nominations. On November 21, 2013, the Nuclear Option was passed by a 52-48 vote. Prior to that vote, it took the vote of at least 60 senators to confirm a judicial nomination.

While Obama was able to appoint some Democratic judges prior to the Nuclear Option vote, that vote opened the floodgates for the confirmation of his appointees. Most of Obama’s appellate court appointees are young judges, and since these are lifetime appointments, they are likely to remain on the bench for many, many years to come.

Judges are supposed to be apolitical, but that is not the case. Appellate rulings are often handed down based on whether the judges are liberals (usually Democrats) or conservatives (almost always Republicans).

The Senate still requires 60 votes for the confirmation of nominees to the Supreme Court. However, if the Senate remains in control of the Democrats after November’s elections, Obama could get 60 votes should he have the opportunity to nominate one or more Supreme Court justices before he leaves office. It’s a good bet that his first nominee will be Attorney General Eric Holder.

Even if the makeup of SCOTUS will not change before Obama leaves office, it will most certainly change if the Democrats win the 2016 presidential election. With a Democrat in office, the makeup of Supreme Court justices will evolve from a conservative majority to a liberal majority, and you can take that to the bank.

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