How Democrats Stole The Nation's Lower Federal Courts

The Democrats, and Sen. Chuck Schumer in particular, have engaged in an outrageous set of practices from 1993 to 2017 that have allowed them to steal huge majorities on all the federal circuit courts of appeals. This story needs telling because Senate Republicans, while performing very admirably in replacing Justice Scalia with Justice Gorsuch, have had their pockets picked with the courts of appeals.

Federal courts of appeals decide over 60,000 cases a year while the Supreme Court decides only 80. We could have a Supreme Court of nine Justices Gorsuch and still lose 59,020 cases a year. That is a pretty bad situation for Republicans in the judiciary. Moreover, the current imbalance has occurred almost entirely because of the bad-faith dealing of Sen. Chuck Schumer, who has outwitted Republicans at every turn.

Bill Clinton served as president from 1993 to 2001; he made two Supreme Court appointments, 66 judges to the federal courts of appeals, and 307 judges to the federal district courts. For the last six years of Clinton’s presidency the Senate was controlled by Republicans and confirmed almost all his judges without filibustering any of them. Forty-six Clinton nominees were confirmed to the crucial courts of appeals by the Republican Senate between 1995 and 2001.

In 2001, George W. Bush was elected president, and he made two Supreme Court appointments. He appointed 62 federal Court of Appeals judges, four fewer than Clinton, and 261 federal trial judges, 46 fewer than Clinton. Democrats, at Chuck Schumer’s urging, refusing to confirm initially some of the brightest and most conservative Bush judicial nominees such as Michael McConnell, Bill Pryor, Priscilla Owens, and Janice Rogers Brown.

Read the rest from Steven G. Calabresi HERE.

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