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09/10/2017

John McGinnis on Judicial Appointments
Michael Ramsey

At Liberty Law Blog, John McGinnis: How Trump’s Judicial Nominees Put Democrats in a Bind.  From the introduction: 

Donald Trump’s judicial nominations have been the most successful part of a presidency that has often misfired.  The nominees are not only a tribute to the President but to an idea and to an organization. The idea is originalism—the notion that the Constitution’s provisions should be interpreted according the meaning they had at the time they were enacted. They should not become vessels for judges to update their meaning.

The organization is the Federalist Society.  It is established around the ideal of originalism, and enlists thousands of lawyers around the nation in defending it. Now more than thirty years old, it has gained in strength over the decades. And some of its best and most articulate members have become Trump’s nominees for the federal district and appellate courts.

The combination of a powerful idea and a far flung organization has made it easy for Republicans to unite behind the President’s nominees, as they have not yet been able to unite behind any other policy of importance. And the result has also been to make the Democrats look foolish and extreme, because originalism has a common sense appeal that is difficult to attack and the nominees have qualifications and abilities that are difficult to assail.