My take is that they will fight to survive a re-shaping of the federal judiciary.
From the Daily Caller:
President Donald Trump is positioned to potentially appoint more federal judges to the bench than any first-term president in 40 years due to several vacancies on federal courts and a growing number of older judges.
There are 870 federal court judgeships established under Article III of the Constitution that are appointed by the president, of which all but a few judges can serve lifetime terms. The majority of these judgeships are on district or appeals courts.
As Trump begins his presidency, 12 percent of the federal judiciary’s seats are vacant, and 24 percent are eligible for “senior status,” a kind of semi-retirement that judges reach with a combination of age and years served on the bench, the New York Times reported Tuesday.
The judiciary was one of the first targets selected by the progressive movement. It started in the universities and took over the law schools. It is my understanding that Blackstone’s “Justice and Legal Reasoning” is no longer used as a reference in modern law schools. Blackstone would not endorse the judicial activism so prevalent in today’s courts. The following is from his introduction:
JUSTICE AND LEGAL REASONINGWILLIAM T. BLACKSTONE*
This Article analyzes the requisite structure of proper judicial reasoning and the freedoms allowed in judicial decision-making within that structure. The primary emphasis is on “hard” cases, with the sorts of issues and the mode of reasoning in complex appellate court decisions. Simplistic formal or mechanical decisions in which a clear cut rule of law is applied to a given case pose no great philosophical problems for jurisprudential reasoning; hard cases can pose such problems. They go beyond simple mechanical decision making procedures and involve conflicts of rights and principles, interpretations of rights and principles, and decisions on priorities of rights and principles. They go not only to fundamental issues of constitutional interpretation but to fundamental moral issues as well.
Blackstone wrote: “If the law embodies irrelevant criteria or if it legitimizes arbitrary discriminations or if it permits such discrimination, then the law is an instrument of social injustice.”
And there you have the 9th Circuit Court in a nutshell. The courts have become instruments of social injustice.
If Trump makes significant headway in restoring constitutional balance to our federal court system, I believe that will be an incredible amount of push back, even more so than he is facing now. Perhaps it is conspiracy theory write large, but speculation regarding retribution against Trump exists.
After all the damage to America that Obama caused, I still don’t recall ever encountering speculations about retribution such as this:
In a truly remarkable bit of honesty and candor regarding the U.S. national-security establishment, new Senate minority leader Charles Schumer has accused President-elect Trump of “being really dumb.”… for taking on the CIA and questioning its conclusions regarding Russia.
“Let me tell you, you take on the intelligence community, they have six ways from Sunday at getting back at you…. He’s being really dumb to do this.”