Trump, Republicans continue to redo federal courts – Even sitting in the Senate: NPR

President Donald Trump and Senate Republicans are remaking the federal courts in their own image.

Before the Trump administration, partisan wars for judicial appointments were not trivial. But these tactics were aimed at blocking nominees. Since President Trump was sworn in, the GOP Senate leadership has taken drastic action to speed confirmation of new judges, setting aside existing practices and traditions that have resulted in a consensus in the selection of judges who sit on federal appeals courts.

The tradition that prevented any candidacy for a candidate for the judiciary not approved by the senators of his country of origin has disappeared. Finished the practice of not holding a confirmation hearing until the American Bar Association has completed its professional assessment of the candidate. The general practice of not accumulating multiple candidates at the same hearing is now over. And now, for the first time, the Senate Judiciary Committee holds confirmation hearings during Senate vacations, despite the objections of the minority party.

No other Senate committee held a hearing during the suspension of proceedings. But for candidates for the judiciary, the Senate confirmation train continues to function – though, and probably because Democratic senators can not be present. Democrats and independent allies defend 26 seats next month. elections, and must campaign in the last weeks before mid-term.

This week, only two Senators – Republicans Orrin Hatch of Utah, who is retiring, and Mike Crapo of Idaho – have come to the hearing for two candidates for the Court of D & # 39; 39; call. The senators excused the candidates after just 19 minutes, several minutes of which were consumed by a controversial candidate who was talking about his wife, parents, children and even his cat.

Hatch, who chaired the Judiciary Committee for eight years, has never held a vacancy hearing for a candidate for the Federal Judiciary. When asked this week why the Republicans had taken the lead this time, he said: "We have to go ahead and if they do not cooperate, you just have to "Go from the front".

Going forward has yielded substantial results for Republicans over the past two years.

The Senate controlled by the GOP has confirmed the appointment of 29 candidates to the Federal Court of Appeal by Trump, against two candidates in the last two years of the Obama presidency. In total, the judges appointed by Trump now represent a surprising sixth of the judges sitting at the Federal Court of Appeal sitting in the country.

Federal appellate courts hear cases on a wide range of issues, ranging from applications for social security benefits to veterans to more high-profile cases involving, for example, the right to vote, the right to vote. abortion or freedom of religion. For most litigants, it is the courts of last resort; they adjudicate 27,000 cases each year, compared to less than 100 by the Supreme Court.

Senator Patrick Leahy of Vermont, who chaired the Judiciary Committee for ten years, while the Democrats were in the majority, is "disgusted" by what he sees as the dismantling of a long-standing system aimed at to achieve a limited bipartisan consensus on judges. The new partisan process "will end up giving the federal courts an aspect that is not independent, but political," he said. "And it's going to hurt everyone."

Even some Republicans sometimes express their concern. Senator John Kennedy, R-La., Expressed his skepticism last week by questioning Allison Rushing, 36, a member of the conservative federalist society and former clerk of the Supreme Court Justice Clarence Thomas. Rushing has been appointed to the US Court of Appeals for the 4th Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia.

Kennedy has asked Rushing to appoint mid-level and senior associates from her firm that she admires. When Rushing did that, Kennedy said, "I do not want to offend you, but … Why do not we name them, they've been here for a while. They had disappointments, they had to get up, get back on their feet and keep going, they had the experience of life. "

Kennedy would not say after this hearing he would vote to confirm Rushing.