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Trump’s New Judicial Litmus Test: Shrinking ‘the Administrative State’
New York Times ^ | MARCH 26, 2018 | JEREMY W. PETERS

Posted on 03/27/2018 7:14:06 AM PDT by reaganaut1

WASHINGTON — It has been practically a given that anyone nominated for a federal judgeship by a Republican president had to pass an unspoken litmus test — usually on abortion but often on any number of divisive social issues.

The Trump administration has a new litmus test: reining in what conservatives call “the administrative state.”

With surprising frankness, the White House has laid out a plan to fill the courts with judges devoted to a legal doctrine that challenges the broad power federal agencies have to interpret laws and enforce regulations, often without being subject to judicial oversight. Those not on board with this agenda, the White House has said, are unlikely to be nominated by President Trump.

The criteria were first used last year in his Supreme Court selection of Neil M. Gorsuch, an appeals court judge who became something of a hero on the right for chastising his fellow jurists for being too deferential to government functionaries. And antipathy to regulations has been a factor in the selection of the dozens of judicial nominations since then.

“This is different than judicial selection in past years,” Donald F. McGahn II, the White House counsel and the chief architect of the administration’s selection process, explained in remarks last month to the Conservative Political Action Conference, noting that previous presidents had used “single-issue litmus tests” as part of their criteria.

But under Mr. Trump, he described a “coherent plan” to pair the administration’s deregulation orders with judicial nominees who find the accumulation of power in the federal bureaucracy alarming. “It’s kind of its own branch of government now, and those decisions tend to trend to the left.”

(Excerpt) Read more at nytimes.com ...


TOPICS: Government
KEYWORDS: administrativestate; judges; trumpjudges
Good. Congress, not the executive branch, is supposed to make laws.
1 posted on 03/27/2018 7:14:06 AM PDT by reaganaut1
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To: reaganaut1

They say it like it’s a bad thing.


2 posted on 03/27/2018 7:15:00 AM PDT by Pearls Before Swine ("Married with children.")
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To: reaganaut1

Obviously, Pres. Trump has read the studies that show that the thing US citizens fear the most is the federal government. Death comes in second.


3 posted on 03/27/2018 7:22:03 AM PDT by txrefugee
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To: reaganaut1

Conservatives who’d like to boot Trump over Stormy Daniels forget this guy fights for us.

To roll back the Left’s stranglehold over our lives.


4 posted on 03/27/2018 7:22:29 AM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: reaganaut1

Sounds good.

Maybe some of these judges can rule that the alphabet agencies very own SWAT team, many with hollow point bullets, is not only unnecessary, but unconstitutional as well.

And lambaste the woosies in Congress for turning a blind eye to it.


5 posted on 03/27/2018 7:23:17 AM PDT by MichaelCorleone (Jesus Christ is not a religion. He's the Truth.)
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To: reaganaut1

The Chinese lackey McConnell needs to speed up the judicial nominee confirmation process from the snail “speed” he currently INTENTIONALLY has it on at Schumer’s request. Each nominee should get no more than 8 hours of debate and Turtleman should have the Senate in session 6 days a week to do this.

The same need to speed things up applies to confirmation votes on Trump’s executive nominees also.


6 posted on 03/27/2018 7:24:22 AM PDT by House Atreides (BOYCOTT the NFL, its products and players 100% - PERMANENTLY)
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To: txrefugee

“Death comes in second.”

Au contraire, mon frere, physical death is way down the list for those in Christ Jesus.


7 posted on 03/27/2018 7:27:01 AM PDT by MichaelCorleone (Jesus Christ is not a religion. He's the Truth.)
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To: goldstategop

Trump was a registered Democrat until 2009. So as a Democrat the Stormy thing is just fine. I mean, should we look down on an alcoholic after they turned there life around? No! We celebrate the change they made.


8 posted on 03/27/2018 7:32:32 AM PDT by D Rider
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To: reaganaut1
It has been practically a given that anyone nominated for a federal judgeship by a Republican president had to pass an unspoken litmus test...

Yeah, like the Dems don't have their own litmus tests. Funny how the NYT never discusses those....

9 posted on 03/27/2018 8:18:57 AM PDT by jeffc (The U.S. media are our enemy)
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To: Pearls Before Swine; Donald J Trump
They say it like it’s a bad thing.

"They" are the swamp. It's a threat to them.

IMO, it's a good thing. Great, in fact. I completely support our President in this effort. We need to shrink the size, scope, power, and cost of government.

10 posted on 03/27/2018 8:22:33 AM PDT by NorthMountain (... the right of the people to keep and bear arms shall not be infringed)
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To: reaganaut1
Chevron USA v. Natural Resources Defense Council must go.

Gorsuch and Thomas have indicated distinct unease with the accumulation of prerogative powers in the administrative state.

https://en.wikipedia.org/wiki/Chevron_U.S.A.,_Inc._v._Natural_Resources_Defense_Council,_Inc.

11 posted on 03/27/2018 8:31:41 AM PDT by Jacquerie (ArticleVBlog.com)
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To: reaganaut1

There’s another very good way to shrink the administrative state.

Relentless applications of stupid or silly federal regulations to everyone. (We couldn’t target a particular group, that would violate the 14th Amendment... but if media or dim-o-crats happen to get in the way — shucks.)

“Hey, we don’t make the laws — your Congressman does...”


12 posted on 03/27/2018 9:25:34 AM PDT by Sam_Damon
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