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EXCLUSIVE: Members of the Democratic Caucus of the Senate discussed strategies to remove hundreds of Trump's judicial appointments they see as illegitimate, unqualified, and in some cases dangerous. This thread will detail their discussion and the likelihood.
2/ Yesterday I shared a shocking strategy the Democrats have discussed if they are able to eliminate the filibuster. Under the plan, Congress would eliminate each of the current federal circuit courts and replace them with new federal courts filled with new Biden appointees.
3/ This revelation was revealed during a conversation I was having with a Senate staffer about the chances Democrats would eliminate the filibuster to pack the Supreme Court. The staffer explained that we should be more worried about a plan Senator Patty Murray had discussed.
4/ According to the staffer, members of the Democratic Caucus were discussing the possibility of eliminating the current federal circuit courts and thus eliminating each current federal judge. Congress could then create new circuits and Biden could appoint 100% of the judges.
5/ When I posted this to Twitter I had no idea what sort of uproar it would cause. I included a link to an old article discussing the legality of such an act because I'm STILL not sure it would be legal for Congress to do it (of course who would decide if the judges were fired?).
6/ It certainly is no secret that Democrats believe the federal court system needs to be overhauled. They have even called for term limits for federal judges and Supreme Court justices. https://www.americanprogress.org/issues/courts/reports/2019/05/08/469504/structural-reforms-federal-judiciary/
7/ Of course there were other ideas discussed including exercising their authority to narrow federal courts’ jurisdiction(court stripping) to reduce the influence of Trump's judges. https://fas.org/sgp/crs/misc/R44967.pdf
8/ So would it be legal? It has actually happened once before and was settled in Stuart v. Laird. Adams passed the Midnight Judges Act adding 16 new federal judges to the bench. Once Jefferson took office he was determined to remove them. https://www.whitehousehistory.org/the-midnight-appointments
9/ Jefferson signed the Judiciary Act of 1802 eliminating the courts created by Adams arguing that Congress had a right to establish and abolish inferior courts. His opponents argued that judges appointed for life could not be removed by statute. https://en.wikipedia.org/wiki/Judiciary_Act_of_1802#:~:text=The%20United%20States%20Judiciary%20Act,reorganize%20the%20federal%20court%20system.&text=The%20Act%20restructured%20the%20circuit,Court%20justice%20to%20each%20circuit.
10/ The Supreme Court confirmed Congress's power to both create and abolish inferior courts as well as their power to eliminate judgeships in Stuart v. Laird.
https://www.law.cornell.edu/supremecourt/text/5/299
https://www.law.cornell.edu/supremecourt/text/5/299
11/ So assuming it is possible to eliminate the courts where Trump appointees now serve, how likely is it? Fortunately, Democratic Senator Joe Manchin has repeatedly said, “I will not vote to pack the courts and I will not vote to end the filibuster.” https://www.rollcall.com/2020/11/09/joe-manchin-kills-dreams-of-expanding-supreme-court-eliminating-the-filibuster/
12/ I hope that clears up any confusion or upset I may have caused by sharing my discussion yesterday. Have a great day!
13/ And for those who are suggesting Senators would never discuss this strategy, just yesterday Senator Markey called for abolishing the electoral college, allowing online voter registration, and voting rights for violent felons. https://twitter.com/EdMarkey/status/1351255287269896196
