Last year, I wrote about the sort of problems that lay ahead for a top federal judge. At the time, Andrew Napolitano wrote the next perfect chapter of our history for the judiciary.His words were apt to me too:
If it weren’t for this remarkable saying from the prime minister of Canada, we could have had none of this. A federal judge can be a ghost, but they make sure their presence is still heard. In the end, there is no justice. “Now the last day of ghastly democracy begins,” kvetches Sen. Bernie Sanders, D-Vt.
He kind of blew it! While we still have only one day to go, and I hope the Supreme Court makes a historic announcement on the controversial nomination of Neil Gorsuch, the fact is we’ve already begun the process to replace Justice Ginsburg.As Trump chooses the next justice to fill the vacancy left by Ginsburg, here are the 10 things Democrats can do if they want to help President Trump to succeed:
Ban the events known as the “blue slip fiasco” from any legislation they pass, arguing that the designation would have redrawn the same judicial panel called the 8th Circuit, which doesn’t exist (and is being challenged as a redrawing of the boundaries of a special federal district court, being contested by the Washington State Attorney General). Reclassify Roe v. Wade as an immigration decision, arguing that the effect on abortion has been exaggerated in the last decade because the court has allowed abortion-rights opponents to use it as a way to paint Trump’s temporary ban as a shameful attempt to ban all abortions — and the people affected can’t have a right to make their views known to the American people. Ban the appointment of Supreme Court justices who favor expansive immigration policies based on information they had access to prior to the attacks on 9/11. Why not? Just look at the travel ban that was just rammed through the Senate by a Republican majority by just one vote? There were zero dissenting votes on the case, and I would bet Trump is happy with two to three that don’t share his religious views or are perhaps even struggling to find work.
Donald Trump needs us now more than ever to elect justices who won’t have any bias in favor of establishing a radical immigration policy. We need to elect new members of the Supreme Court by this November, and not leave it up to Republicans to fill the seat before the court’s term ends in February.
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— Sarah Langer is the president of a firm that teaches lawyers how to practice safely, responsibly, and respectfully in the high-stakes arena of politics and personal liability law.