Trump Has Opportunity To “Reshape The Judiciary”

Date: December 29, 2016

Trump-Appointed Judges Are Expected To Have A Conservative Bent

The Washington Post reported that with President-elect Trump “set to inherit an uncommon number of vacancies in the federal courts in addition to the open Supreme Court seat,” he will have “a monumental opportunity to reshape the judiciary after taking office.” According to the Post, Trump will have an “estimated 103 judicial vacancies,” which is “nearly double the 54 openings Obama found eight years ago following George W. Bush’s presidency.” Trump will find “a multitude of openings throughout the federal circuit and district courts,” allowing him “to quickly make a wide array of lifetime appointments.” The “new composition of the courts” will influence decisions on matters such as “voter laws, anti-discrimination measures and immigrant issues.” According to the article, “Trump has vowed to choose ideologues in the mold of the late Supreme Court justice Antonin Scalia, a conservative icon.” Russell Wheeler of the Brookings Institution predicts that Republican appointees will hold about half of the district judgeships by mid-2020, up from the current 34 percent. CBS News reported that “the Federalist Society, an association of conservative legal figures, and the Heritage Foundation, a conservative think tank, are said to be working closely with the incoming administration to identify potential nominees.” In addition, incoming White House Counsel Don McGahn could “play a substantial role in choosing appointments,” CBS News reported.

What This Means For Small Businesses

Trump is expected to appoint judges who will reflect conservative opinions, including on a variety of issues that are important to small businesses, such as regulatory and healthcare reform. In addition, a Trump justice might “vote to repeal or revise Obama-era regulations on climate change, health care, consumer protection and Wall Street – or, at the very least, green-light the anti-regulatory efforts of President Trump and the Republican Congress, whether through executive actions or new legislation repealing key parts of” mandates like Dodd-Frank or Obamacare, according to Politico Magazine.

Additional Reading

Salon, Newser, Newsmax, and the Washington Times also examined how the judiciary may change under the Trump Administration.

Note: this article is intended to keep small business owners up on the latest news. It does not necessarily represent the policy stances of NFIB.

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