Democrats warn advocates spent $250 million backing GOP judges

Senate Democrats sounded the alarm Wednesday on what they say is an increasingly partisan federal judiciary backed by Republican lawmakers and funded through conservative advocacy groups.

Senate Minority Leader Charles E. Schumer of New York, Sen. Debbie Stabenow of Michigan and Sen. Sheldon Whitehouse of Rhode Island issued a 54-page report saying President Trump and Senate Majority Leader Mitch McConnell confirmed more than 200 federal judges to “rewrite the Constitution.”

“Most of these judges were chosen not for their qualifications or experience — which are often lacking — but for their demonstrated allegiance to Republican Party political goals,” the report reads.

Mr. Trump and Mr. McConnell have prioritized remaking the federal judiciary with a conservative bent at a record pace. In his first few years in office, Mr. Trump picked 51 federal circuit court nominees, two Supreme Court nominees and 138 federal district court judges.

On the 2016 campaign trail, Mr. Trump promised to appoint judges in the likeness of the late Justice Antonin Scalia, a conservative constitutionalist.

The Democrats say the record number of Trump-appointed judges means workers’ discrimination cases will be tossed out of court, gun control laws can’t be implemented, and access to health care will be limited.

They say at least $250 million has been spent by organizations and special interest groups that support Republican-appointed judicial nominees, noting 86 percent of the president’s federal judges are members of the Federalist Society, a conservative and libertarian legal group.

According to the senators’ data, the Supreme Court has handed down 80 partisan, 5-4 decisions under Chief Justice John G. Roberts Jr.

They specifically point to Shelby County v. Holder, a 2013 case that struck down parts of the Voting Rights Act, and Citizens United v. Federal Election Commission, a 2010 ruling that upheld corporations’ right to political expenditures, saying the rulings “have rigged the very rules of our democracy for Republican Party interests.”

“Today’s report and campaign highlight how Leader McConnell has been the country’s top lobbyist for dark money and special interests groups, doing the bidding of a cabal of billionaires instead of working with Democrats on COVID-19 legislation or any of the numerous House-passed bills that would expand and improve health care, address the gun violence epidemic, strengthen voting rights and more,” Mr. Schumer said.

Republicans have confirmed far-right judges to carry out their unpopular agenda, warned Mr. Whitehouse, a member of the Senate Judiciary Committee.

The lawmakers promised in the report to shed light “on the corruption and conflicts of interest” in the Trump judiciary over the next few months.

“Right-wing donor interests funnel hundreds of millions of anonymous dollars through a complex web of front groups to achieve things Republicans can’t get past voters. Polluters are more free to pollute; gun makers can sell more guns; regulated industries enjoy weaker oversight; unlimited dark money floods elections; unwelcome voters are suppressed at the polls. Our report shows how this crooked scheme works and signals a new effort by Senate Democrats to push back,” he said.

Conservative groups, though, are firing back.

Mike Davis, president of the Article III Project, which backs Mr. Trump’s judicial picks, said the report is nonsense.

“The Senate Democrats’ report is simply more partisan grievances and nonsense from sore losers who are still upset that the American people hired President Trump — instead of Hillary Clinton — to pick federal judges,” Mr. Davis told The Washington Times.

“In 2016, then-candidate Trump promised American voters that he would appoint federal judges who understand their modest, but critical, role is to follow the law — not rewrite it, as if they are senators. And the president has delivered on that promise,” he added.

The Judicial Crisis Network, which advocates for conservative judicial nominees, pointed to liberal-aligned organizations that back Democratic-appointed judges, suggesting there is a double standard.

“We look forward to the Democrat report on the influence of the largest “dark money’ enterprise in America, Arabella Advisors, a multibillion dollar dark money operation providing support and services to liberal groups like New Venture Fund, 1630 Fund, Demand Justice, Center for American Progress, and the League of Conservation Voters.

“It’s pretty clear the Democrats like the influence of dark money so long as it is flowing their way.”