The writer (from UK) is pretty confused about the American Constitutional framework for appointing and confirming federal judges in the United States, but got it right about the effect of what's going on.
Trump inherited many vacancies to fill in the federal judiciary. This is no accident. Article III federal judges are appointed by the President, but require the confirmation of the US Senate. President Obama forwarded many nominations for confirmation over the past several years. But with the Senate under the control of a Republican majority, no confirmation hearings or votes ever took place for most of the nominations. So the positions went unfilled.
Once Trump took office he was given a list of judicial candidates by a right-wing legal group, the Federalist Society. All the candidates on the list are pre-cleared for their reactionary positions: anti-LGBT rights, pro-business, against environmental protections, hostile to civil rights, etc.
So now Trump is busy packing the US federal courts with reactionary judges, filling all the holdover Obama vacancies as well as any new ones that occur. And with the Senate under Republican control, these nominees are all being rubber-stamped into office. (Trump has had a hard time getting Congress to enact his legislative agenda. But the judicial nominees are being approved like clockwork.)
Lots of folks have expressed the view here that, even if the executive and legislative branches fall under right wing control, the federal judiciary will protect our rights.
WRONG! With the current court-packing spree going on, the federal judiciary is moving FAR to the right, and it's moving FAST.
One last item to consider. Article III of the Constitution states, "[t]he judges, both of the supreme and inferior courts, shall hold their offices during good behaviour." This odd phrase means that federal judges hold office FOR LIFE! They only leave office when they die, or if they are impeached and removed for criminal conduct.
With court packing going on, Trump and his allies are setting the stage to undermine our rights and protections. Not just now. But FAR into the future.
