By Ilya Shapiro
The most lasting impact of the incredible roller coaster that was the Trump administration is on the judiciary. His tax cuts are being reversed – raising taxes is infrastructure? – and the new administration hasn’t met a regulatory reform it won’t rescind... but federal judges are for life. Long after we learn (or not) what actually happened on January 6, or find out whether The Donald will ever return to Twitter, the youthful originalists our 45th president put on the bench will still be granting writs.
Although ol’ Scranton Joe presents himself as a glad-handing moderate, on judges he’s been a bare-knuckle partisan. The only Republican Supreme Court nominees he voted for during a Senate career that began in 1973 were those confirmed unanimously – plus David Souter, who was confirmed 90-9. He even voted against John Roberts, whom half of the Senate Democrats voted for, and joined the attempted filibuster of Samuel Alito.
But that’s one of the least surprising things about the last four years because judicial appointments tend to be every president’s biggest legacy, at least in domestic affairs. That’s why now is a good time to look at President Joe Biden’s terrible, horrible, no good, very bad record of judicial battles, and his initial actions as chief executive, to see what this presidency portends in this key area.
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American Consequences
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