Good News for Constitutionalist Judges

Nov 7, 2018

Senate Republicans increased their seats in the midterm elections, which is good news for continuing to confirm constitutionalist judges. The so-called “blue wave” became a “blue puddle.”

The Senate has already confirmed 84 federal judges nominated by President Trump, which includes 53 trial judges, 29 appeals judges, and two Supreme Court justices. President Trump set a record for appeals court confirmations during the first year of his presidency, and this legacy will continue for many years. With more Republican seats in the Senate, President Trump has a green light to nominate scores of judges that have a constitutionalist judicial philosophy. This impact of reshaping the federal judiciary (including the Supreme Court) will last for decades. 

In Florida, the next governor, Ron DeSantis, will fill three vacancies in the state Supreme Court in January. He will choose from a list of three finalists for each vacancy sent by the judicial nominating commission. Though the governor does not have any veto power over the lists, the judicial nominating commission’s goal is “to aid the governor” in his selection. Last weekend, the commission already started with the interview process before knowing which governor it will be aiding. The 59 applicants interviewed responded with the same types of answers: Justices need to be humble and respect the Florida Legislature; justices need to look at the plain meaning of laws; and justices must guard against judicial activism. President Trump campaigned in Florida for DeSantis. All the polls predicted the socialist gubernatorial candidate Gillum would win. They were wrong.

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