I_Like_Dirt wrote:pancakes3 wrote:another dumb thing about republicans packing the court with fedsoc pro-lifers (and joe sixpack delighting in Trump doing so) is that 99.999% of them won't ever make a pro-life ruling. they're taking wrongful termination cases, ADA cases, criminal cases, patent law cases, etc.
Yeah, this is something more people need to understand. People might think this is about packing the courts to prevent abortion because that's what it's being sold as. It's absolutely not. It's about packing the courts for patent and antitrust rulings. It's dangerously selling out the country for a hope and a prayer that something will change things the way you want them to change without you actually having to do anything, anyone potentially benefiting in any way, and with strong evidence to suggest that it won't actually work on multiple levels. Antitrust and patent laws are the major danger here.
i don't think the danger goes so far as it being a concerted effort with the primary focus being to pack the courts to actively influence antitrust and patent specifically, or any other area of law specifically because:
- partisan influence over antitrust and other regulatory fields (environmental for sure) can be more directly affected by the executive via political appointments over agencies that govern those fields, as well as the Attorney General setting the tone on what gets prosecuted via the DOJ (sessions prioritizing marijuana enforcement, the current immigration docket being influenced by ALJ [administrative law judges that aren't the same as federal lifetime judges], etc.)
- these nominees are just flat out unqualified across the board. it's not like these nominees are uniformly subject matter experts in antitrust or whatever. the only common denominators are that they're pro-life, and they're woefully underqualified in trial law.
- it's giving trump too much credit in having a conspiratorial plan this intricate.
but you do raise a concern that i haven't really thought about: these new judges know they're unqualified are will probably take their marching orders from the nefarious FedSoc (the group supplying Trump with names of nominees) and I wouldn't put it pass FedSoc to implement a conspiratorial plan like this. they very well could provide these judges with marching orders on how to rule in certain cases and influence law that way. at the very least, they could heavily suggest issuing statutory maximums on criminal sentences to be "tough on crime" across the board, be pro-business across the board, etc.
and i don't mean to suggest that these nominees are idiots (though some of them are). when i say unqualified, i mean that they lack trial/courtroom experience. you can be a very smart and successful "comma lawyer" and never see the inside of a courtroom, and indeed most attorneys are. but that's not the pool that you draw from to be judges. there's example after example of Trump nominees admitting to the Senate in their confirmation hearings that they've never tried a case, or even taken a deposition. you just CAN'T be a judge that presides over hundreds of trials a year and oversees thousands of points of procedures including depositions when you're that unqualified. it allows for wholesale abuses of the law on both sides