Monday, September 15, 2014

Sunday Globe Special: Obama Courts Legacy

He can't point to the health law or foreign policy as a success, so let's try something nebulous and yet to be!

"Democrats tilt courts, building Obama’s legacy" by Jeremy W. Peters | New York Times   September 14, 2014

WASHINGTON — Democrats have reversed the partisan imbalance on the federal appeals courts that long favored conservatives, a little-noticed shift with far-reaching consequences for the law and President Obama’s legacy.

For the first time in more than a decade, judges appointed by Democratic presidents considerably outnumber judges appointed by Republican presidents. The Democrats’ advantage has only grown since late last year, when they stripped Republicans of their ability to filibuster the president’s nominees.

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The shift, one of the most significant but unheralded accomplishments of the Obama era, is likely to have ramifications for how the courts decide the legality of some of the president’s most controversial actions on health care, immigration, and clean air.

Since today’s Congress has been a graveyard for legislative accomplishment, these judicial confirmations are likely to be one of its most enduring achievements.

Unless you are Israel, Wall Street, well-connected corporations, the war machine.

“With all the gridlock, it is forgotten that one of the most profound changes this Congress made was filling the bench,” said Senator Charles Schumer, Democrat of New York. “This will affect America for a generation, long after the internecine battles on legislative issues are forgotten,” Schumer said.

(Blog editor frowns)

With so many of the administration’s policies facing legal challenges, the increased likelihood that those cases could end up before more ideologically sympathetic judges is a reassuring development to the White House. Nowhere has this dynamic been more evident than at the District of Columbia court, which is considered the second-most important appeals court in the nation, after the Supreme Court.

What about the LAW?

The full appeals court agreed this month to hear Halbig v. Burwell, a case that could unravel the system of federal insurance exchanges established by the Affordable Care Act.

Before Democrats curtailed Republicans’ right to use filibusters, which they accomplished by rewriting Senate rules through a maneuver known as “the nuclear option,” the District of Columbia court was dominated by judges who were appointed by Republican presidents. Today it has four Republican appointees and seven Democratic appointees, four of whom Obama picked.

With control of the Senate at stake in November’s midterm elections, the success of Democrats in reshaping the courts is a reminder of the subtle power that the majority party has even in a moribund Congress.

Republicans, who have watched with growing alarm as the Obama nominees passed through the Senate, have begun raising the issue as they try to win six seats they need to take the majority.

“It’s no surprise that President Obama has been able to transform the ideological makeup of the courts — that happens when you have six years to pick judges and your party controls the Senate,” said Edward Whelan, the president of the Ethics and Public Policy Center, who was a senior official in the Justice Department under President George W. Bush. 

I don''t see that much of difference, I really do not.

“The best way for conservative voters to prevent further damage to the courts is to swing the Senate to Republican control in the elections this November,” Whelan said.

We here this court-hollering plea every two years!

Though the Obama administration was well on its way to leaving a lasting liberal legacy on the federal bench before Senate Democrats curbed the filibuster’s power, the rules change sped up the confirmation process.

Today, the number of circuit judges appointed by Republican presidents is 77, compared with 95 by Democratic presidents, according to statistics kept by Russell R. Wheeler of the Brookings Institution. At the beginning of Obama’s first term, the picture was reversed: 99 appointed by Republicans and 65 by Democrats.

The Supreme Court remains the only court that Republicans can still try to shape through using the filibuster.

Well, the Senate will soon be Republican, so....

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