The headline of the op-ed from The Washington Post Rutte Marcus was immediately memorable: “The 5th Circuit claims to be the most dangerous court in America.” Marcus was, of course, referring to the 5th Circuit Court of Appeals – one of the federal judiciary’s twelve appellate courts – which was already far to the right when Donald Trump take office.
The Republican then added six more ideologues to the bench, making things significantly worse. From Marcus’ column:
The same column quoted law professor Stephen Vladeck as arguing that the 5th Circuit is “as conservative a federal appeals court as any of us have seen in our lifetimes.”
However, that column appeared in August 2021. Nearly three years later, the radicalism of the circuit, dominated by lawyers appointed by the Republican Party, is even more visible.
Actually, you don’t have to take my word for it. Instead, listen to the U.S. Supreme Court — which is also dominated by Republican appointments, but which continues to overturn the 5th Circuit’s most indefensible rulings.
“The Fifth Circuit is dominated by Republican appointees and has issued a series of aggressively conservative rulings that have received a frosty reception from the Supreme Court, which is itself quite conservative, on issues like immigration, abortion pills, dealings with social media companies and so-called ghost guns,” The New York explained Times out late last week. “Some of those Supreme Court rulings were preliminary, but the overall picture is one of an appeals court that is out of step with the justices.”
And that’s not necessarily easy. After all, this is the most far-right Supreme Court in almost a century.
But therein lies the point: when this terribly The conservative Supreme Court, in effect, continues to say to an even more extreme appellate bench, “You go too often and too far,” helping to highlight just how radical the 5th Circuit has become.
The case about domestic abusers’ access to guns? Supreme Court conservatives said the 5th Circuit court was wrong.
The case over the structure of the Consumer Financial Protection Bureau? Supreme Court conservatives said the 5th Circuit court was wrong.
The case about a Texas woman who sued her local city for what she claims was a politically motivated arrest? Supreme Court conservatives said the 5th Circuit court was wrong.
The mifepristone case? Supreme Court conservatives said the 5th Circuit court was wrong.
These statements were made just this month – and the month is not over yet.
If recent history is any guide, some conservative readers will see this and respond, “See? The Supreme Court is more mainstream than the left makes it out to be.”
It’s not nearly that simple. Both things can be true at the same time: the current Supreme Court, a third of which was elected by Donald Trump, is further to the right than any Supreme Court since before World War II, and the 5th Circuit Court of Appeals has moved so far out of line. emphasizes that it is virtually a caricature of a partisan and radicalized federal bank.
But just as important is the near future. As MSNBC’s Chris Hayes summarized last week, “One way to think about the stakes of a second Trump term is that he gets a chance to turn the Supreme Court into the Fifth Circuit.”
I think that’s true, and I would add that there are also eleven other circuit courts that Donald Trump and his Republican allies would like to transform into mirrors of the 5th Circuit.
This article was originally published on MSNBC.com
