Author reveals recipe for fixing federal courts without constitutional amendment
Don’t waste your tears at this point, says Conservative Review senior editor Daniel Horowitz, the courts are already gone.
“This is like a wind-up toy: every four years, Republicans dangle in front of us, ‘Hey, you gotta vote for us, otherwise we’ll lose the courts,’” Horowitz said during a recent appearance on The Tom Roten Morning Show.
“I’m here to tell you we’ve lost the courts. They’re gone, gone, gone. We do need a Republican Congress and administration, but for the purposes of stripping the courts of that power, giving it back to Congress and the state legislatures.”
Horowitz pointed out things have gotten so bad conservatives couldn’t even get a simple voter ID law past the Fifth Circuit Court of Appeals, regarded as one of the least liberal circuits. Ten of the 15 judges on the Fifth Circuit were appointed by Republican presidents.
However, only four of the 13 circuit courts in the country currently have a majority of Republican appointees sitting on the bench.
Many conservatives believe all they need to do is elect a Republican president who will appoint conservative judges to the federal courts, but Horowitz noted it would take many consecutive years of Republican presidents hitting the mark on their judicial appointments to finally turn the courts in a more conservative direction.
By that point, it may be too late. Horowitz noted the courts have been moving quickly in recent years: they have mandated states fund Planned Parenthood, mangled state religious liberty laws, made transgender people a protected class, forced states to give birth certificates to illegal aliens and tossed out basic voter integrity law