Seeing Red: Democrats Panic As President Trump Reshapes The Federal Bench

With the Help Of A Republican Majority In The Senate, President Trump Has Appointed More Than 155 Article III Judges Whose Influence Has Helped Shape A More Conservative Judiciary

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The Facts:

PRESIDENT TRUMP HAS DELIVERED THE STRONG CONSERVATIVE SUPREME COURT JUSTICES HE PROMISED ON THE CAMPAIGN TRAIL

On the campaign trail, then-candidate Donald Trump pledged to nominate strong conservative Justices and fill the vacant Supreme Court seat with a nominee from a list of conservative judges that included the eventual nominee Neil Gorsuch .

As promised, Gorsuch and President Trump's second supreme court nominee, Brett Kavanaugh,A have been strong conservative forces on the court.

UCLA Law School Dean Erwin Chemerinsky : "[Gorsuch] is everything conservatives hoped for and liberals feared."

The University of Washington's Scott Lemieux : Kavanaugh's nomination was a "home run for Republicans."

BEYOND THE SUPREME COURT, THE TRUMP ADMINISTRATION HAS APPOINTED MORE THAN 150 DISTRICT AND CIRCUIT COURT JUDGES WHO HAVE HELPED MOVE THE FEDERAL JUDICIARY TO THE RIGHT

President Trump's focus on nominating young , conservative judges to lifetime appointments could " dramatically move the direction of the courts to the right for generations ."

President Trump has appointed over 155 Article III judges across the country including 43 Circuit Court judges and 110 District Court judges.

President Trump appointed judges to U.S. Circuit Courts at the fastest pace ever.

President Trump has now appointed 1/4^th of the nation's Circuit Courts.

Under President Trump, the 3^rd Circuit Court of Appeals now has more judges appointed by Republicans than Democrats and the influential 11^th Circuit Court now has an equal number of judges appointed by Republicans and Democrats.

Under President Trump, an additional 8.8% of District Courts have a majority of judges appointed by Republicans.

AFTER YEARS OF REPUBLICAN FOCUS ON THE ISSUE, DEMOCRATS ARE SCRAMBLING TO COUNTER THE GOP'S EFFORTS EVEN IF THEY HAVE TO RESORT TO RADICAL COURT PACKING SCHEMES

Democrat activists are panicking in the face of President Trump's successful effort to reshape the judicial branch and turn the courts into a winning issue for his campaign.

Nan Aron , President of the Alliance For Justice Action Campaign: 2020 Democrats "need to step up" or risk continuing to cede federal courts to the right.

Caroline Fredrickson , outgoing President of the American Constitution Society: "[Republicans] have never taken their eye off the ball" and Democrats are "coming from so far behind."

Democrats are so concerned about President Trump's success on reshaping the courts they have embraced radical "court packing" schemes that would undermine the entire judicial system.

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PRESIDENT TRUMP HAS DELIVERED THE STRONG CONSERVATIVE SUPREME COURT JUSTICES HE PROMISED ON THE CAMPAIGN TRAIL

On The Campaign Trail, Then Candidate Donald Trump Pledged To Nominate Strong Conservative Justices And To Fill The Vacant Supreme Court Seat With A Nominee From A List Of Conservative Judges That Included The Eventual Nominee Neil Gorsuch

Then-Candidate Donald Trump In October 2016: Justices I Appoint "Will Be Pro-Life, They Will Have A Conservative Bent, They Will Be Protecting The Second Amendment, They Are Great Scholars" And "They Will Interpret The Constitution The Way The Founders Wanted It Interpreted." "The Supreme Court, it's what it's all about. Our country is so, so - it's just so imperative we have the right justices. Something happened recently where Justice Ginsberg made some very very inappropriate statements toward me and toward a tremendous number of people, many many millions of people who I represent. And she was forced to apologize and apologize she did. But these are statements that should never ever have been made. We need a Supreme Court that in my opinion is going to uphold the Second Amendment and all the Amendments but the Second Amendment which is under absolute siege. I believe if my opponent should win this race, which I truly don't think will happen, we will have a Second Amendment which will be a very very small replica of what it is right now. But I feel that it's absolutely important that we uphold because of the fact that it is under such trauma. I feel that the Justices that I am going to appoint, and I've named 20 of them, the Justices that I'm going to appoint will be pro-life, they will have a conservative bent, they will be protecting the Second Amendment, they are great scholars in all cases and they're people of tremendous respect. They will interpret the constitution the way the founders wanted it interpreted and I believe that's very very important. I don't think we should have Justices appointed that decide what they want to hear, it's all about the constitution of, of - and so important, the constitution the way it was meant to be and those are the people I will appoint." (Donald J. Trump, Remarks At The Third 2016 Presidential Debate , Hempstead, New York, 10/19/16)

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During His 2016 Campaign, Then Candidate Trump Vowed That He Would Appoint A Conservative Judge From A List Of Justices He Put Forward During The Campaign. "Speaking at the construction site for his new hotel in Washington, D.C., Monday, Trump said he will make a list public in the next week of 10 conservative judges that he would consider nominating to the Supreme Court. If elected, Trump said, he would only pick from that list, which is being made in consultation with the conservative Heritage Foundation. 'I'm going to submit a list of justices, potential justices of the United States Supreme Court, that I will appoint from the list,' Trump said. 'I won't go beyond that list. Some people say maybe I'll appoint a liberal judge. I'm not appointing a liberal judge.'" ( Time , 3/21/19)

• On The List Of Potential Supreme Court Nominees Was Neil Gorsuch, Then A Judge On The 10^th Circuit Court Of Appeals . "Donald Trump released more potential Supreme Court picks on Friday, adding to the list of 11 names he's already put out. Here are the new names Trump announced Friday: Sen. Mike Lee, R-Utah, Neil Gorsuch, judge of the Tenth Circuit Court of Appeals, Margaret Ryan, judge of the U.S. Court of Appeals for the Armed Forces, Edward Mansfield, justice of the Iowa Supreme Court, Keith Blackwell, justice of the Georgia Supreme Court, Charles Canady, justice of the Florida Supreme Court, Timothy Tymkovich, chief judge of the Tenth Circuit Court of Appeals, Amul Thapar, judge of the U.S. District Court, Frederico Moreno, a judge of the U.S. District Court, Robert Young, chief justice of the Michigan Supreme Court." ( Time , 9/23/16)

Gorsuch And President Trump's Second Supreme Court Nominee, Brett Kavanaugh, Have Been Strong Conservative Forces On The Court

Gorsuch Has "Established Himself As One Of The Court's Most Conservative Justices And A Reliable Vote For Trump Initiatives That Have Reached The Supreme Court." "Along the way, he has established himself as one of the court's most conservative justices and a reliable vote for Trump initiatives that have reached the Supreme Court - the travel ban on those from mostly-Muslim countries, adding a citizenship question to the census form and allowing a ban on transgender service members in the military to go into effect. He has shown a willingness to overturn precedent and an impatience with more reticent colleagues." ( The Washington Post , 9/6/19)

· Erwin Chemerinsky , The Liberal Dean Of The Law School At The University Of California At Berkeley: "[Gorsuch] Is Everything Conservatives Hoped For And Liberals Feared." "Those who follow the court, on the left and the right, do not need a book to evaluate how Gorsuch has filled his role as the replacement for Justice Antonin Scalia, who died in 2016. 'He's everything conservatives hoped for and liberals feared,' said Erwin Chemerinsky, the liberal dean of the law school at the University of California at Berkeley. He recently wrote a detailed evaluation of Gorsuch's jurisprudence for ABA Journal." ( The Washington Post , 9/6/19)

On Major Issues, Gorsuch And Kavanaugh Were "Ready To Move The Court As Far To The Right As Chief Justice John G. Roberts Jr. Would Abide - And Then Some." "On the big issues, it turned out, Justices Neil M. Gorsuch and Brett M. Kavanaugh were ready to move the court as far to the right as Chief Justice John G. Roberts Jr. would abide - and then some. Because of them, the court finally and forcefully disavowed any role in policing partisan gerrymandering, a decades-long goal of conservative justices. Both were ready to approve the Trump administration's desire to put a citizenship question on the 2020 Census, even as Roberts said, hold up. Both appear tough on death penalty appeals and more open to the concerns of religious interests. Abortion rights supporters have cause for concern." ( The Washington Post , 6/19/19)

The University Of Washington's Scott Lemieux: Kavanaugh's Nomination Was A "Home Run For Republicans." "In that piece, Lemieux notes that during his first term, Kavanaugh was a 'home run for Republicans' because he voted with Chief Justice Roberts 94 percent of the time. But it's worth noting two important factors here." ( Vox , 9/16/19)

BEYOND THE SUPREME COURT, THE TRUMP ADMINISTRATION HAS APPOINTED MORE THAN 150 DISTRICT AND CIRCUIT COURT JUDGES WHO HAVE HELPED MOVE THE FEDERAL JUDICIARY TO THE RIGHT

The Trump Administration Has Made Judicial Appointments A Priority And Its Efforts To Put Young Judges In Lifetime Appointments "Could Dramatically Move The Direction Of The Courts To The Right For Generations."

The Trump Administration Has Made Judicial Appointments A Priority And Their Efforts "Could Dramatically Move The Direction Of The Courts To The Right For Generations ." "The White House and McConnell have made judicial appointments a priority, particularly now that Democrats control the House, making any legislative efforts exceedingly difficult. Because of the lifetime appointments of judges, the effort could dramatically move the direction of the courts to the right for generations, a legacy that would long outlast the Trump presidency." ( The Los Angeles Times , 4/2/19)

President Trump's Nominees Have Also Been Predominately Younger, Giving The "Conservative Imprint On The Federal Judiciary" Longevity. "They also include younger nominees, which means Trump's conservative imprint on the federal judiciary through sheer longevity will endure through cases involving state gun regulations, the environment, immigration and abortion." ( The Washington Post , 2/4/19)

The Washington Post : "Many Of The President's Circuit Nominees Have Impressive Credentials, Including Supreme Court Clerkships, Degrees From Prestigious Law Schools And Portfolios Of Legal Scholarship." "Many of the president's circuit nominees have impressive credentials, including Supreme Court clerkships, degrees from prestigious law schools and portfolios of legal scholarship. Most are members of the Federalist Society, the conservative and libertarian organization whose president, Leonard Leo, helped shape Trump's list of high-court nominees." ( The Washington Post , 2/4/19)

President Trump Has Appointed 155 Article III Judges Across The Country Including 43 Circuit Court Judges And 110 District Court Judges

President Trump Has Appointed More Than 155 Article III Judges Nationwide. ( Ballotpedia , Accessed 11/6/19)

• President Trump Has Appointed 2 Supreme Court Judges. ( Ballotpedia , Accessed 10/18/19)
• President Trump Has Appointed 2 International Trade Court Judges. ( Ballotpedia , Accessed 10/18/19)
• President Trump Has Appointed 110 District Court Judges. ( Ballotpedia , Accessed 11/6/19)
• President Trump Has Added 43 Circuit Court Judges. ( Ballotpedia , Accessed 11/6/19)

President Trump Appointed Judges To U.S. Circuit Courts At The Fastest Pace Ever. (The Article 3 Project, Accessed 10/18/19)

President Trump Has Appointed 1/4^th Of The Nation's Circuit Courts. (The Article 3 Project, Accessed 10/18/19)

Under President Trump, The 3rd Circuit Court Of Appeals Flipped From Democrat To Republican Control, The Influential 11th Circuit Court Is No Longer Under Democrat Control And An Additional 8.8% Of District Courts Are Under Republican Control

Under President Trump, The 3^rd Circuit Court Of Appeals Now Has More Judges Appointed By Republicans Than Democrats And The Influential 11^th Circuit Court Now Has An Equal Number Of Judges Appointed By Republicans And Democrats. (The Article 3 Project, Accessed 10/18/19)

Under President Trump, An Additional 8.8% Of District Courts Have A Majority Of Judges Appointed By Republicans. (The Article 3 Project, Accessed 10/18/19)

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AFTER YEARS OF REPUBLICAN FOCUS ON THE ISSUE, DEMOCRATS ARE SCRAMBLING TO COUNTER REPUBLICAN DOMINANCE THROUGHOUT THE JUDICIAL BRANCH EVEN IF THEY HAVE TO RESORT TO RADICAL COURT PACKING SCHEMES

Democrat Activists Are Panicking In The Face Of President Trump's Successful Effort To Reshape The Judicial Branch And Turn The Courts Into A Winning Issue For His Campaign As They Realize They Are "So Bar Behind"

Judicial Appointments Will Be An "Important Part" Of President Trump's Reelection Campaign According To The Deputy Communications Director Erin Perrine. "The Trump campaign plans to keep judges in the foreground of the President's re-election effort. 'It'll be an important part of the campaign because it's part of the record of success of President Trump,' says Erin Perrine, deputy communications director for the Trump 2020 campaign. Perrine notes that Trump's judges list brought 'a new energy' to the 2016 campaign." ( Time , 9/4/19)

Activist Are Urging Democrats To Focus On The Judicial Branch , Caroline Fredrickson, Outgoing President Of The American Constitution Society Waned That Republicans Have "Never Taken Their Eye Off The Ball" And That Democrats Are "Coming From So Far Behind ." "Any discussion by Democrats about the courts is better than nothing, said Caroline Fredrickson, outgoing president of the American Constitution Society, a liberal lawyers group. 'It's important for the nominees to articulate what is their vision for the third branch of government. It's such a critical part of our constitutional framework, and Democrats haven't been pressed in the past,' said Fredrickson (who was speaking personally and not on behalf of ACS). 'It's been a decades-long understanding on the right that the courts are essential to achieving success on their vision for our government. … They've never taken their eye off the ball.' When it comes to Democrats talking about the courts, 'I'm more agnostic about what the specific content is ... because we're coming from so far behind,' she said." ( Buzzfeed , 10/22/19)

Legal Advocates On The Left Fret That They Are "Outmatched" By Republican Messaging And Funding, And Aaron Belkin, Director Of Take Back The Court, Likened It To "David Fighting Goliath." "In interviews, advocates on the legal left also acknowledged they are up against decades of consistent messaging from the right and are outmatched financially by conservative groups focused on the courts, such as the Judicial Crisis Network, which routinely touts six- and seven-figure ad campaigns. 'We are David fighting Goliath,' Belkin said." ( Buzzfeed , 10/22/19)

Nan Aron, President Of Alliance For Justice Action Campaign, Warned That The 2020 Candidates "Need To Step Up" Or Risk Continuing To Cede Federal Courts To The Right. "'They clearly need to step up,' says Nan Aron, president of Alliance for Justice Action Campaign. 'Too often the Democrats have ceded to the right the federal courts, allowing them to energize their base. Judges make decisions that affect every aspect of our life, and by ignoring this topic, they do so at their peril, because Americans do care.'" ( Time , 9/4/19)

Democrats Are So Concerned About President Trump's Success On Reshaping The Courts That They Have Embraced Radical "Court Packing" Schemes That Would Undermine The Entire Judicial System

Democrat Candidates Are Increasingly Advocating "Court Packing" To Ensure A Liberal Majority On The Supreme Court. "Democratic candidates are increasingly advocating 'court packing,' that is, upping the number of Supreme Court justices to balance the bench -- or ensure a liberal majority. The idea is unlikely to succeed for historical and practical reasons but its resonance on the campaign trail reflects Democrats' new emphasis on the judiciary during the Trump era." ( CNN , 5/31/19)

• A Progressive Group Called "Pack The Courts" Is Conducting An "Aggressive Campaign" To Push Candidates To Add Seats To The Supreme Court As Well As Lower Federal Courts." "Now some progressives think it's time for Democrats to play a little hardball of their own. An aggressive campaign is in the works to prod Democratic presidential candidates to back a proposal to add four judges to the nation's highest court. The group, rather transparently calling itself Pack the Courts, wants the additional judges to undo the court's current 5-4 conservative majority. And while they're at it, the group wants to expand the number of judges on lower federal courts, too." ( Time , 3/13/19)

2020 Democrat Candidates Mayor Pete Buttigieg, And Sens. Kamala Harris, Amy Klobuchar, And Elizabeth Warren Has Expressed Support For Adding Seats To The Supreme Court In Order To Combat The Influence Of President Trump's Nominees. "In June, the New York Times asked Democrats running for president if they were open to adding seats to the Supreme Court. Some said they were - including Buttigieg, Sens. Kamala Harris, Amy Klobuchar, and Elizabeth Warren, and Andrew Yang." ( Buzzfeed , 10/22/19)

Former Obama Admiration AG Eric Holder Urged The Next Democrat President To "Seriously" Consider Adding New Seats To The Court. "Former Attorney General Eric Holder said last week that the next Democratic president should 'seriously' consider adding new seats to the court." ( Time , 3/13/19)

New York University Law Professor Barry Friedman Warned That "Politicizing" The Judiciary Could Erode Faith In The Institution And Ultimately Backfire. "While these developments elevate the 2020 election-season stakes for the judiciary, they also could come at the cost of judicial independence in the public eye. 'The more you politicize the judiciary,' said New York University law professor Barry Friedman, who has tracked public attitudes toward the Supreme Court, 'the more people will question the institution of judicial review.'" ( CNN , 5/31/19)

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