Democrats are on a mission to “repair the courts” after Republicans confirmed more than 200 judicial appointments under President Donald Trump.
Democrats and the White House want to work quickly, and fill every available vacancy before the 2022 midterms.
“There are a lot of judges, Democratic appointees, who didn't take senior status while Trump was president, who now will and they stay on the bench and we get to fill it,” Senate Majority Leader Chuck Schumer told MSNBC's Rachel Maddow. “Second. Traditionally we have increased the number in the lower and circuit courts.
Even if all that happened, appellate law expert Byron Henry believes that's still not enough. He says most cases are won or lost in the appellate court, where Trump placed 54 judges, along with three on the U.S. Supreme Court.
“If they don't get retirements from the Republican judges, the only way to do it would be to convince enough senators and House members to get a law that actually adds seats to the appellate courts, which hasn't happened in a while and I don't think is likely either.”
Henry says Democrats may talk about stacking the Supreme Court, but he thinks that's highly unlikely too.
“While it is possible to add seats to any court by law, generally the appellate courts and the Supreme Court would be a partisan move, basically a political move, and not simply an objective move to improve the judiciary.”