How Biden can claw back Trump's influence on the courts
Trump reshaped the judiciary. Thats a huge problem for Bidens ambitions.
By Ian Millhiser Jan 20, 2021, 10:00am EST
The federal judiciary will soon be the last bastion of Republican power in the federal government.
President-elect Joe Biden takes office at noon on Wednesday. Hell be joined by a Democratic House of Representatives and, at least after Sens.-elect Raphael Warnock (D-GA) and Jon Ossoff (D-GA) take their seats, a narrowly Democratic Senate. But Republicans absolutely dominate the highest levels of the federal judiciary, where they have a 6-3 majority on the Supreme Court.
It appears likely, moreover, that the GOP-controlled judiciary will be a thorn in Bidens side. Trump-appointed Justice Neil Gorsuch, for example, is already laying the groundwork to strip federal agencies of much of their power to regulate after Biden takes office, and Gorsuch almost certainly has the five votes he needs to make this happen.
The Republican Party dominates the federal judiciary in no small part due to six years of work by outgoing Senate Majority Leader Mitch McConnell. When Justice Antonin Scalia died nearly a year before President Barack Obama left office, McConnell announced almost immediately that Obamas Supreme Court nominee would get the cold shoulder from a Republican Senate. When Justice Ruth Bader Ginsburg died shortly before the 2020 election, McConnell ensured that her conservative replacement, Amy Coney Barrett, would be confirmed just days before the nation voted to cast Trump out of office.
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