Trump judicial appointees tend to be young. So reasonable to assume that many of them will serve 30 to 40 years, creating a lot of law in that time. They will also be influencing the next generation of judges who will be clerking for them. 2/
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Even if Trump out of office by 2021, is succeeded by a Democrat whenever he’s out (assuming normal transition of power, etc.), the Trump judges will serve for decades after. In 2nd half of their careers clerks will not have firsthand experience of the guy who appointed them. 3/
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So, 30-40 years of Trump judges’ making law; another at least 10 to 20 years when judges directly influenced by Trump judges make law. That’s a lot of law. It can’t be overruled over night. It can more quickly be legislated out of existence, as much Lochner era law was but… 4/
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…the convergence of circumstances that led to the legislative revolution in New Deal/WWII era can’t be counted on to recur. So…5/
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…more likely that the effects of Trump judges will only be effaced gradually. A very rough rule of thumb - for every year Trump judges constitute 1/4 or more of the federal circuit, it will take at very least 5 years for their holdings to be cabined, distinguished, overruled. 6/
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Even assuming that the percentage of fed judges appointed by Trump diminishes over time after he leaves office, and that new appointees are qualified, still a good hundred years before the law made by Trump judges and judges they influence can be rehabilitated. Moral:…7/
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Essential to elect legislators, governors, other state executives, local officeholders who together comprise coalitions and majorities to pass legislation that conforms to and upholds rule of law. 8/
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