In just four years, Trump and Senate Republicans transformed the federal courts with a new generation of young, conservative judges.

What can Biden do? A deep dive into the numbers, the players, and how judges are thinking about when it's time to go.
buzzfeednews.com/article/zoetil…
It might seem obvious that some Clinton-era judges were waiting out Trump. But there are some GOP appointees Trump/McConnell couldn't convince to step aside (and they tried).

"I wouldn't say it's a dealbreaker," one said of leaving under a Dem president.
buzzfeednews.com/article/zoetil…
Biden will start at a big disadvantage compared to the number of vacancies Trump inherited in Jan. 2017, after McConnell held up Obama's nominees — there are far fewer vacancies now, and Senate Rs are racing to fill what they can before Biden takes office
buzzfeednews.com/article/zoetil…
What Biden can do with judicial nominations hinges on the Georgia runoff election — spoke with a Clinton-era judge who has been waiting out Trump and might stay on a bit longer if GOP keeps control, because it could force Biden to compromise on some seats
buzzfeednews.com/article/zoetil…
Two Senate/Obama admin alums on Biden's transition team are building lists of potential nominees. Outside groups want a focus on both demographic and professional diversity — more public defs and civil rights lawyers, fewer prosecutors and corporate attys buzzfeednews.com/article/zoetil…
And what about the calls for structural court reform — adding judgeships or term limits for SCOTUS — that managed to break through during the campaign? Advocates aren't giving up on those, and are hoping to build on the judiciary's own push for more judges buzzfeednews.com/article/zoetil…

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More from @ZoeTillman

17 Dec
New: Trump transformed the courts. What's left for Biden?

A deep dive into the numbers, the players inside and outside Biden's transition team, and how Democrat and Republican-appointed judges are thinking about the future on the eve of a new president.
buzzfeednews.com/article/zoetil…
Spoke with a Clinton-era judge who has been waiting out Trump. The judge is watching the GA runoff election, and when exactly they go senior depends on that, but they won't wait more than two years.

"I could be locking myself into a life on the bench." buzzfeednews.com/article/zoetil…
Biden's transition team is building out lists of potential lower court nominees. That effort is being led by Josh Hsu and Paige Herwig, two Senate Dems/Obama administration veterans. Outside groups have been sending their own lists of hundreds of names buzzfeednews.com/article/zoetil…
Read 6 tweets
14 Dec
New: It appears the Trump campaign has filed another election challenge in federal court, this time in New Mexico — it's objecting to the use of drop boxes for voters to return absentee ballots. It was filed today, as the Electoral College is voting.
assets.documentcloud.org/documents/2042…
Related: On the dozens of post-election lawsuits that Trump and his supporters have lost so far — note that some have been tossed specifically because judges concluded Trump/GOP challengers delayed in bringing claims buzzfeednews.com/article/zoetil…
On laches (whether they delayed in suing) — Trump argues they couldn't sue *before* the election (the NM GOP did sue and it was resolved: lcsun-news.com/story/news/202…); it took "days" to see deviations from state law; and they wanted to wait and see how Trump would do suing elsewhere
Read 6 tweets
11 Dec
BREAKING: The US Supreme Court has rejected Texas's last-dtich effort to challenge President-elect Joe Biden's win in four key states. More to come.
buzzfeednews.com/article/zoetil…
SCOTUS hands a decisive loss to Texas and dashes Trump's hopes of a high court showdown in just three sentences, including: "Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections."
buzzfeednews.com/article/zoetil…
Tonight's SCOTUS order rejecting Texas's effort to sue four other states is in keeping with one of the overarching themes of post-election GOP challenges so far: A failure to even get in the door because of critical threshold issues like standing buzzfeednews.com/article/zoetil…
Read 4 tweets
11 Dec
Brief detour from election litigation: There's a teleconf set for 9:30am in E. Jean Carroll's defamation suit against Trump to discuss next steps after the judge rejected DOJ's bid to take over. Last night, Trump's lawyer Marc Kasowitz asked to stay the case pending their appeal
Carroll's lawyer Joshua Matz argues there should be no stay because Trump had already broken so many rules and "attempted to abuse" DOJ to delay the case to date. For all the denials of Carroll's allegations, Matz says, "Mr. Trump sure seems desperate to avoid the justice system"
Carroll sued Trump for defamation, accusing him of lying when he denied her allegation that he raped her more than two decades ago. On the judge's ruling in October that DOJ could not take over Trump's defense against the case: buzzfeednews.com/article/zoetil…
Read 5 tweets
10 Dec
Overnight action: A federal judge in Wisconsin dismissed Sidney Powell's election challenge.

"Federal judges do not appoint the president in this country. One wonders why the plaintiffs came to federal court and asked a federal judge to do so."
scribd.com/document/48764…
Ruling came a few hours after a federal judge in Arizona reached the same conclusion (which was the same conclusion that every judge to consider Powell's cases has reached to date) -->
A hearing is about to start in the Trump campaign's election challenge in federal court in Wisconsin (this is separate from Sidney Powell's WI case, which was dismissed last night). The court has made an audio stream available here: youtube.com/channel/UCNFX-…
Read 16 tweets
10 Dec
New: A federal judge has dismissed Sidney Powell's election challenge in Arizona
scribd.com/document/48756…

"...the Complaint’s allegations are sorely wanting of relevant or reliable evidence, and Plaintiffs’ invocation of this Court’s limited jurisdiction is severely strained."
Powell's Arizona federal election failed for many of the same reasons judges elsewhere have rejected her cases:
- no standing to sue
- claims should be in state court
- state officials immune per 11th Amend.
- laches (unreasonable delay in filing)
- moot (already certified)
The judge was extremely unimpressed by Powell's evidence:

"The allegations they put forth to support their claims of fraud fail in their particularity and plausibility. Plaintiffs append over three hundred pages of attachments, which are only impressive for their volume."
Read 7 tweets

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