The one thing that even the most steadfast, moronic NeverTrumper begrudgingly acknowledges is Trump’s transformation of the federal judiciary. Besides nominating and getting confirmed two Supreme Court Justices, about 180 federal judges have been confirmed in the Circuit Court of Appeals and federal District Courts. Further, they average 10 years younger than the fossils formerly trotted out for nominations meaning they will be around 10 years longer than your average federal judge.
But what Trump achieves, the Democrat Left can undo and any conservative who believes this is an enduring legacy needs a little dose of reality. The Left has three options available to them. There is, of course, the well-known option of impeachment. A second option is to pack the Supreme Court. Then there is the third option with precedent.
In 1802, the Jeffersonians achieved power. Upset with the judicial legacy of the previous President- John Adams- and his appointment of Federalists to the federal judiciary, the Jeffersonians simply repealed the Judiciary Act of 1801. Their next step was to abolish the courts created under that Act. Even though the Constitution guarantees lifetime tenure for federal judges, the displaced judges had no recourse and found themselves back in private practice or unemployed. When their plight was appealed to the Supreme Court, Justice William Paterson rejected their claim. Just like that, a precedent was established.
The reason is simple: the Constitution establishes only a Supreme Court. Article III does mention inferior courts but states that Congress may “…from time to time ordain and establish…” This means that what Congress creates, they can uncreate. Or they can expand or contract when they deem necessary.
Realizing that to the Left the ends justifies the means, the Right must understand that Democrats will one day rule both houses of Congress and the Presidency. This will likely not happen in 2020, but sometime in the future. When it does happen, does anyone think the Left will let some robed lawyers appointed by Trump stymie their agenda?
Looking at the options, their likely first step would be to pack the Supreme Court by increasing the number of Justices. If this sounds silly, remember that FDR proposed exactly that when a more conservative Court stymied his New Deal plans. Although not following through, the threat was heard and the Court quickly fell in line with FDR through resignations- both literal and ideological. It should also be mentioned that the number of Supreme Court Justices is set by Congressional statute, not the Constitution.
The second option is impeachment. Again, this is a viable option to the Left. After all, impeaching a duly elected President on phony charges was not beneath them. Trotting out damaged women who suffered some sexual trauma in the past to sully the name of a nominee was not beneath them. If they consider an elected President “illegitimate,” then any of his judicial nominees are likewise “illegitimate.” Impeaching Justice Kavanaugh has already been suggested by quite a few Democrats/Leftists.
If the Democrats wanted to eliminate all judicial speed bumps and roadblocks in their way as they transform America into a new Venezuela, then exercising their Article III powers would be the least time-consuming. Just like that, the Trump judicial legacy would be flushed down the Leftist toilet. Although it would be a radical move, the Left and Democrats wear “radicalism” like a badge of honor. This is a political party and ideology that wants to undo two centuries of economic prosperity through a Green New Deal. This is a party that wants to seize total control of 20% of the American economy through Medicare For All. This is a party that wants to eliminate the Electoral College and shift political power to decaying metropolitan areas to the detriment of the rest of the country.
Their ideas are radical, but the Left wallows in their radicalism. Does anyone believe that the Democrats, led by socialists like Alexandria Ocasio-Cortez, will sit idly by and abide by Trump-appointed judges? They will not parrot that infamous line by Andrew Jackson about the Court; they will put it into action. It is a Machiavellian maneuver and one that plays for keeps.
They already have the rationalization for such moves at the ready. They already view Trump as an illegitimate President. Therefore, his appointed judges are equally illegitimate. To them, the move will be seen as righteous in erasing Trump’s judicial legacy.
If such a scenario ever comes to fruition, there is only one option to thwarting the slow decline of America into a politically correct, woke, socialist hell hole. The idea was first suggested by Thomas Jefferson- state nullification which he described as the “rightful remedy” for federal overreach. It may sound radical and revolutionary (sort of like our Founders, eh?), but one may eventually have to steal a page from the Leftist handbook and become radical and revolutionary.