The Mercury News

Trump's judges will move our country to far right for decades

- By Michael A. Hiltzik Michael Hiltzik is a Los Angeles Times columnist. © 2022 Los Angeles Times. Distribute­d by Tribune Content Agency.

Ryan D. Nelson is a model of a modern anti-regulation conservati­ve and culture warrior. As a Justice Department lawyer under President George W. Bush, he oversaw that administra­tion's campaign to go easy on polluters and roll back environmen­tal rules.

In a 2007 case, he argued that tuna should be labeled “dolphin-safe” even if caught in nets known to cause millions of dolphin deaths. In private practice, he filed a brief for seven states arguing that government­s shouldn't be forced to upgrade their buildings in conformanc­e with the Americans with Disabiliti­es Act if the changes would cost money.

Nelson's waffling about the human contributi­on to global warming at a Senate hearing on his nomination by President Donald Trump to a top Interior Department post prompted Trump to withdraw his nomination in 2018.

Instead, Trump named him to the U.S. 9th Circuit Court of Appeals, which has jurisdicti­on over California and seven other Western states.

In May, he was the author of a 2-1 majority opinion declaring unconstitu­tional California's ban on the sale of semiautoma­tic weapons to those under 21.

The ruling evoked an America beleaguere­d by frontier lawlessnes­s.

The California ban, he wrote, would leave young persons unable to protect themselves except with shotguns.

Nelson, 48, is just one of a legion of youthful conservati­ve judges appointed to lifetime terms by Trump.

Trump was able to fill 28% of the 816 federal judicial seats, including 30% of the appellate judgeships and three of the nine Supreme Court seats, giving the latter court a potent 6-3 conservati­ve majority. In this effort he was abetted by a Republican Senate majority that refused to fill open seats under President Barack Obama.

Trump's influence may be most notable at the 9th Circuit. At the end of the Obama administra­tion, the court was split 18 to 7 in favor of Democratic appointees. Trump's 10 appointmen­ts to the court reduced the Democratic majority to 16 to 13.

“Trump has effectivel­y flipped the circuit,” 9th Circuit Judge Milan D. Smith Jr., an appointee of George W. Bush, told the Los Angeles Times in 2020.

As my colleague Anita Chabria has observed, federal judges may represent the gravest threat to the safety of California residents. Nelson's ruling overturnin­g the state's ban on semiautoma­tic weapons was only one sign of a tsunami to come.

In 2020, writing for a 2-1 majority of the 9th Circuit Court of Appeals, Trump appointee Kenneth K. Lee overturned California's ban on large capacity magazines, or LCMs, holding more than 10 rounds of ammunition, as an infringeme­nt of the 2nd Amendment right to bear arms.

Like his colleague Nelson, Lee invoked “the right to defend hearth and home” against a putative phalanx of marauders.

“The ban makes it criminal for California­ns to own magazines that come standard in Glocks, Berettas, and other handguns that are staples of self-defense,” Lee wrote. “Many California­ns may find solace in the security of a handgun equipped with an LCM: those who live in rural areas where the local sheriff may be miles away, law-abiding citizens trapped in high-crime areas, … and many more who rely on their firearms to protect themselves and their families.”

It's unclear what could shift the Supreme Court toward the center, other than persistent Democratic control of the White House and Senate and the passage of time. The American political and constituti­onal systems do not offer many options to change the ideologica­l direction of a body endowed with lifetime appointmen­ts, other than expanding the size of the court or imposing term limits on justices.

Even under the most hospitable conditions, either option would probably take years to make a mark.

“Unless the House and Senate decide by the end of this year to do away with the filibuster and expand the Supreme Court by four justices, this isn't going to change any time soon, outside of an act of God,” says Jake Faleschini of the progressiv­e advocacy group Alliance for Justice.

Newspapers in English

Newspapers from United States