The Republican “Remake” of the Judiciary is Having a Lasting Impact

As is always the case, the media obsession with President Trump will never end. This time it is a bit different, in that both the left and the right agree on a part of Trump’s legacy in their year-end round-up stories.  Democrats and Republicans in the media agree that President Trump, combined with a Republican Senate led by Mitch McConnell, remade the Judiciary. 

From the left, Professor Noah Feldman does the typical frothing at the month unhinged liberal attack on conservative judges, President Trump, and Republicans in the Senate.  But putting aside the irrational hatred and mischaracterization, Feldman states something surprising:

2022 turned out to be the most consequential year of Donald Trump’s presidency. This year, the Supreme Court proved that its hard-right turn will be the most enduring legacy of his sorry four years in office.

Trump’s three Supreme Court appointments — the most by any president since Herbert Hoover, thanks to Mitch McConnell holding Justice Antonin Scalia’s seat open for Justice Neil Gorsuch — have launched a conservative judicial revolution that has only begun to repeal many of the major constitutional advances of the last 50-plus years. The new conservative majority is issuing decisions geared at restoring a nostalgic, never-was version of constitutional history, in place of long-established precedent. (Emphasis added.)

Feldman is mistaken in his arguments, but his point of a conservative judicial revolution is legitimate. With Dobbs as a leading example, the Supreme Court stopped acting as if it were an unelected super legislature and returned to to its Constitutional role. 

While Feldman argued 2022 was President Trump’s best year, the Washington Times' John Sawyer pointed out that President Biden has made zero headway in reversing the conservative judicial revolution.

President Biden has appointed more district court judges than his predecessor did during the first 23 months of their presidencies.

Still, court watchers say, Mr. Biden hasn’t reversed the conservative bent that President Trump and Senate Republicans cemented.

They say most of Mr. Biden’s nominees have replaced Democratic judges, not Republican appointees. Mr. Trump was able to flip many seats — including circuit court posts — to Republican jurists.

It is rare that the media on the left and the right agree on anything, especially regarding Trump. It's a sign that President Trump’s Judicial appointments, shepherded by Senate Leaders such as Mitch McConnell, Lindsey Graham and Chuck Grassley are having a lasting positive impact.