Sunday, December 4, 2016


DONALD TRUMP AND THE COURTS, A CORRECTION

This story is in part a correction with additional information about the complexity of the presidency and the courts.  I remain convinced that in due time President Trump will nominate federal judge Hanen to the Federal Court of Appeals.  It is his reward for stopping President Obama on immigration.  I do not believe it will serve the Democrats to oppose the nomination.

But here is where I was wrong.  I forgot about the Supreme Court vacancy.  I am assuming Trump's advisers are already vetting possible choices. [I do not use the term President elect, because he does not earn that title until after the Electoral College votes,  He will be the president, it is just technical issue.]

Within the first week, or maybe even his first two days he will announce his nomination to the Supreme Court.  What happens after that is any one's guess.  This was Obama's appointee, so the Democrats could make it real nasty.  If Trump is smart he will nominate a moderate rather than start his term at war with the Democrats.  If he nominates as right winger war will be declared and President Trump can then expect problems with all of his judicial nominees.

Who President Trump chooses to be his Supreme Court nominee could define his first year in office.  Until the nomination process is complete, I see no movement on any other judicial nominees.  It could be months before a nomination of Hanen is announced.  If war is declared on the Supreme Court nominee, War will be declared on Hanen. The question is will Trump spend precious political capital on nominees which will anger the Democrats?

The Democrats can make President Trump's life impossible in the Senate.  It has happened in the past.  Just 2 Republicans have to say enough of Trump and switch Parties, and and the Democrats will control the Senate.

So to Judge Hanen and De Coss, sit back and be patient.  It could be 6 months before President Trump will even be able to worry about federal judgeships other than the Supreme Court.  Hell just some of his Cabinet picks is going to sent the Senate into overdrive with drama.

I have no idea what a Trump administration will be like.  He will do a good job which will be good for America, or he will do a bad job which hopefully bring the people to the streets,  thereby making life a living hell for Republicans.  Either way the American people win.

In an afterthought, Trump is facing a problem which may sink him if he allows his ego to governor his decisions.  He is facing a very divided and tight Senate which can derail his Cabinet appointments.  This is his dilemma.  He has to face the Senate with controversial Cabinet picks, and a potentially US Supreme Court nominee.  He may just hold on a Supreme Court nominee until he has a confirmed Cabinet which could take 6 months.  The Democrats own this show and it will get interesting.


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