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April 26, 2018
Professor Kennedy in a recent blog bemoaned Trump’s appointment of right wing judges, noting that, unlike administrative appointments, those appointed to the federal judiciary are lifetime jobs whose ideological bent will affect our country for many years in the future. She noted that Plessy (separate but equal) is an example of what a racist court can do. She is a lawyer (as am I) and asked for comment. Following, slightly edited, was my contribution:
Lawyer talk > Administrative appointments by Trump have an abbreviated shelf life; Trump’s appointments to the federal judiciary have no shelf life; they are lifetime appointments and robed lawyers vested with tremendous constitutional powers to, for instance, override laws passed by a Congress and signed by a president. Gorsuch is not my cup of tea but his positive view of Brown is refreshing. Plessy badly needed judicial rebuke and Brown did the job.

Plessy, by the way, is in my opinion the third worst holding ever by the Supreme Court, topped only by Dred Scott and (as of late) Citizens United. Some of Trump’s judicial appointees have by their openly stated views indicated that they would have been in the majority in Citizens United and Plessy and in the minority in Brown – a terrifying thought!

McConnell, the snake who infamously held up Obama’s appointment to the Supreme Court following Scalia’s death for almost a year, got his wish with a Scalia clone in Gorsuch, but what is underreported these days is that he has speeded up Trump’s appointments to federal district and appellate court judgeships who are chosen for their right wing credentials, a threat to our future and that of our progeny, especially since they also constitute a pool of potential Supreme Court appointees in case of death or inability to serve by one or more members of that court. End of lawyer meanderings.

What to do? Win the House and if at all possible the Senate as well this fall since while the House has the purse strings the Senate has the power to confirm not only temporary administrative personnel but robed lawyers (aka judges) who can and will decide our future and that of our children’s children. Prefer fascism in some sort of 1984 existence? Stay home in November.      GERALD      E

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