Opinion by Jennifer Rubin: “The country faces a crisis in credibility not only in the Supreme Court but throughout the federal judiciary.”
of Biden’s reasonable nominees. Consultation with the Senate is one thing, but allowing the opposing party to veto judicial appointments is daft.Most important, Democrats cannot let a single nominee from a GOP president go through without a detailed investigation of his or her rulings and philosophy, evidence of significant judicial experience and a minimum-qualified ABA rating.
Beyond the quality of judges, the controversy over nationwide injunctions issued by MAGA-friendly judges looms. There are times when an aggrieved party alleging harm from a regulation or statuteinjunctive relief. However, the practice of shopping for favored judges in far-flung one-judge divisions should end.
Congress has the power to set jurisdictional rules. Requiring all such cases be brought to district court in D.C. would at least ensure the case would be assigned to one from a diverse set of judges experienced with federal regulations and constitutional questions. Alternatively, Congress could require three-judge panels hear cases seeking injunctive relief against the federal government.
The country faces a crisis in credibility not only in the Supreme Court but throughout the federal judiciary. Democrats need to step up to expand and raise the caliber of lower court judges, end GOP vetoes on nominees and address the issue of nationwide injunctions. If not, the rule of law and democracy’s survival will remain at risk.
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