The Federal Judiciary Is Severely Broken— And Certainly Not Getting Any Better Anytime Soon

Yesterday, 7 far right Republicans— Mike Lee (R-UT), J.D. Vance (R-OH), Tommy Tuberville (R-AL), Eric Schmitt (R-MO), Marsha Blackburn (R-TN), Rick Scott (R-FL), Roger Marshall (R-KS)— were joined by Trump running mate hopeful Marco Rubio (R-FL) in a pledge to block all judicial nominees for the rest of the 118th Congress... so for the next 7 months, in revenge for a NY jury finding Trump guilt of 34 charges. Utah neo-fascist Mike Lee: “We are no longer cooperating with any Democrat legislative priorities or nominations, and we invite all concerned Senators to join our stand.” You’ll notice two fascist names not on the list: Ted Cruz and Josh Hawley, who would normally be ringleaders in anything like this are both up for reelection and too scared to do anything this extreme when they’re trying to appeal to swing voters in their home states.

But that doesn’t even start to explain how completely venal the judiciary has become— remembering, of course, that the fish rots from the head down. And, as you know, the current composition— and decisions— of the Supreme Court reflect a toxic corporate and right-wing partisan bias that not only threatens progressive values (social justice, workers' rights, environmental protections, and democracy itself), but also undermines the Court's legitimacy as a supposed impartial body. 

Let’s not forget that the only reason Gorsuch is on the Court is because Senate Republicans blocked consideration of conservative Democrat Merrick Garland, who had been nominated by Obama in 2016. McConnell refused to even hold hearings, arguing that the next president should fill the vacancy. This was literally unprecedented and a black mark on democracy. And then there was Kavanaugh's highly controversial confirmation process which was mired in revelations about his sexual misconduct. And Amy Coney Barrett’s confirmation was rushed through teh Senate in the final weeks before the 2020 presidential election, despite Republicans' previous stance during Obama's term that a Supreme Court vacancy should not be filled in an election year. This grotesque hypocrisy further politicized the Court and cast doubt on the legitimacy of Barrett's appointment.

And speaking of legitimacy, the overturning of Roe v Wade, pretty much took the off the table, not to mention the earlier decisions to strike down key election protections in the Voting Rights Act of 1965, enabling voter suppression and disenfranchising minority voters and to limit the EPA’s ability to regulate carbon emissions.

These and other decisions from this court almost always align with the interests of the Republican Party, giving people the impression that the Court is just an extension of partisan politics rather than an independent arbiter of justice. 

And I might as well mention that several of the Justices are among the most personally corrupt figures in public life, particularly Clarence Thomas, who sells his votes to the highest bidders.

Since Trump has publicly promised to nominate MAGA judge Aileen Cannon to the Court if he gets the opportunity, as long as she keeps his stolen documents case from even coming to trial, let’s throw her into the mix— or allow CNBC to. Last night Dan Mangan and Anthony Cusumano reported that she’s “been the target of more than 1,000 complaints in just one week this month raising allegations of her handling of the case, a top appeals court judge revealed in an order. The complaints against Judge Aileen Cannon have come to light amid renewed criticism by some legal observers and Trump opponents that she is slow-walking the criminal case against the former president to ensure it does not go to trial before the presidential election. ‘Many of the complaints’ against Cannon filed with the 11th Circuit U.S. Court of Appeals ‘request that the Chief Circuit Judge remove her from the classified-documents case and reassign the case to a different judge,’ Chief Judge William Pryor wrote in a May 22 order posted on the appeal court’s website. And ‘many of the complaints against Judge Cannon also question the correctness of her rulings or her delays in issuing rulings in the case,’ Pryor wrote.”

He also wrote that neither he nor the appeals court’s Judicial Council has the authority to remove Cannon from the case under the Rules for Judicial-Conduct and Judicial-Disability Proceedings.

“Although many of the complaints allege an improper motive in delaying the case, the allegations are speculative and unsupported by any evidence,” Pryor wrote.

“The Complaints also do not establish that Judge Cannon was required to recuse herself from the case because she was appointed by then-President Trump.”

The chief judge also wrote that before May 16, “multiple Complaints of Judicial Misconduct or Disability” were filed against Cannon, who sits in Fort Pierce, Florida, federal court, “raising allegations in connection” with Trump’s criminal case.

“Some of those complaints have been acted upon, and others will be acted upon in due course,” Pryor wrote, without revealing the nature of those actions.

Andrew Egger pointed out some of the wild-eyed extremism on the far right fringe rearing its ugly head since the verdict. The Federalist’s Sean Davis noted that “In 2016, the presidential race was decided based on candidates releasing lists of potential Supreme Court nominees. In 2024, I want to see lists of which Democrat officials are going to be put in prison. This is what happens when you cross the Rubicon.”

Davis went on: “Biden and Garland should be indicted in Texas tomorrow for their ongoing criminal human trafficking conspiracy across the border and into the state of Texas, in direct contravention of state law.”

The Daily Wire’s Matt Walsh was thinking on a similar track: “Donald Trump should make and publish a list of ten high ranking Democrat criminals who he will have arrested when he takes office. First on the list should be Joe Biden. Second should be Joe’s crackhead son.”

Or here was lawyer Mike Davis, a pro-Trump attack dog whom Donald Trump Jr. has floated as a possible pick for attorney general in a second Trump term: “Dear Republicans: If your response to Biden’s Republic-ending lawfare against Trump is: 1. We must respect the process and/or 2. We are too principled to retaliate, please do two things: 1. Fuck off 2. Leave the party. You are too weak, stupid, and dangerous to keep around.”