New year’s eve, 2024
The former US President Jimmy Carter, who has just died, left office in January 1981 – just under 44 years ago.
Yet one of his many bench nominees was still actively serving as a federal judge as recently as 2021:
And that list also indicates that about 29 of those judges – while not on active service – have the semi-retired “senior status” and so can still serve as judges if required.
This shows the significant lingering power of every US President on the shape of the judiciary.
A 100 year-old president former president has died who left office over 40 years ago, and yet his appointments can still decide cases.
Bringing this around to today: the newly re-elected Donald Trump and the Republican Senate will be appointing a raft of young conservative judges to the judicial benches, in addition to those which were appointed during his first term.
And some of these will still be judging (or able to judge) in 40 or 50 years – long after many of you reading this post may be here.
The lingering effect of the two Trumpite moments will last for political generations. Some appointed judges may see out ten or more presidential terms and still be judging.
And judicial time limits are now more unlikely than ever: Trump and the Republican senators have no interest whatsoever in limiting the enduring power of their nominees. And presumably as and when (or if) the Democrats ever regain power, they will have no interest in limiting the terms of their appointees.
This is a practical effect of how what some say (or hope) may only be short-term political surges can have consequences that will last decades.
(See also: Brexit.)
We are not dealing only with the politics of the here and now, but about the law and government of the hereafter.
Perhaps things will one day get better for liberals and progressives.
Perhaps.
But it is going to be a long haul.
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Happy new year to the readers of this blog.
Thank you for your ongoing support.
There is going to be a lot to write about in the new year – and I am also going to explore the law and policy of AI, following my Candlemas story.
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I keep asking this question in various places and have never had a reply. Why in the USA is it considered normal for judges to be overtly political? Why is there no separation of judiciary and legislature?
It is an oddity that American Supreme Court justices have a lifetime appointment but since Roosevelt Presidents are limited to two terms. Poor forethought there or design by those introducing and passing the 22nd Amendment?
And a Happy New Year to you, DAG. I look forward to another year of your wise and insightful commentary on the wicked and devious ways of this volatile world!
Thank you for another very interesting year and Happy 2025!
If you want a weak ray of sunshine in early January, consider that American federal judges are poorly paid in relation to their high social status. Republicans tend to be more sensitive to this disparity, and are more likely to leave the bench for more profitable climes. However, this does not work at the Supreme Court level, especially for judges like Clarence Thomas.