This week on our live show, David Dayen and Hassan Kanu discuss our increasingly politicized courts and how Republicans are using them to enforce their agenda. Historically, both parties would consult nonpartisan legal sources to appoint candidates to federal courts. But in recent decades, the GOP has done away with that process entirely, outsourcing judicial picks to the Federalist Society and stacking the lower courts with right-wing ideologues. And far-right activists have taken almost every policy issue to the courts, filing lawsuits against Biden administration edicts and choosing to file suit in specific jurisdictions with like-minded judges.
As long as the GOP is able to stack the courts and take advantage of the law, conservatives will be able to litigate virtually any policy issue that could come out of a Democratic administration, enabled by right-wing judges all the way up to the Supreme Court. A future Harris administration that wants to enforce its agenda will need to contend with how to solve the problem of our politicized courts.
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