Trump and the Judiciary

Pro-Trump conservatives rallied behind two key campaign pledges during the 2016 presidential election:  Pro-life legislation and judicial appointments. While many conservative Christian voices were expressing disgust at Trump’s repugnant moral character, Trump supporters would faithfully return to these two concerns. How could a conservative, especially a conservative Christian, vote for Hillary Clinton when her extreme pro-choice rhetoric was unlike any the country had heard before? Additionally, the potential for the courts to be filled with radical liberal ideologies through Clinton’s judicial appointments was used to garner support for Trump.

Almost a year into President Trump’s administration, the pro-life emphasis has been less than stellar. A Republican Senate funded Planned Parenthood and initially cut the tax credit for adoptive parents (they have since reversed that decision). Where the pro-life promises might have been absent, the commitment to conservative judicial appointments is in full effect.

Mitch McConnell, the Senate Majority Leader, could confirm his ninth federal judge the week after Thanksgiving.  As a reference, President Obama appointed three federal judges his first year in office. But what I find to be fascinating is….no one seems to care.

In my news feed, virtually every article highlights a recent Trump tweet or the ongoing problems with the tax reform bill. You would think at this point the former would be a loser for the media; the election seems to confirm that the larger conservative population does not care what Trump does on Twitter, no matter how unpresidential he may come across. The latter is certainly newsworthy, but individual pieces of legislation and public policy initiatives pale in comparison to the long-term impact of judicial appointments. These are appointments to federal courts of appeals and the appointments are for life.

In very simple terms – the long-term impact on the shape our country is determined more by the judiciary than a short-term piece of legislation, such as tax reform. Delaware Democratic Senator Chris Coons said concerning the judiciary, “This will be the single most important legacy of the Trump administration.” The federal court of appeals has influence over virtually every area of policy, from social policy to gun rights to Presidential executive orders. It is impossible to comprehend how the Trump presidency will impact the future of our country. But it ultimately comes down to the courts.

Should Trump continue on this path, certain conservatives will support him in the 2020 election regardless of his future shortcomings. The courts have become the battleground. But no one seems to care.