The shift in positions since the election is amazing. Before the election, there was bi-partisan support for a bill to increase the number of federal judges, but since the election many Democrats have announced opposition to the measure and President Biden has threatened to veto it.
During the Biden Administration, Democrats considered trying to eliminate the Senate filibuster, which requires 60 votes for most legislation to proceed, and now President-Elect Trump wants to ditch the filibuster rule to promote his legislative initiatives. Most believe the filibuster will remain.
Whereas Republican attorney generals brought many cases attacking federal agency rules and Presidential executive orders, now it is Democrat attorney generals holding meetings to plan just such attacks and, like Republican attorney generals, such attacks will be brought to the most favorable federal judicial districts. During the Biden years, many cases were brought by Republicans in Texas district courts, whereas now the Democrat attorney generals may choose the U.S. District Court for the District of Massachusetts.
This article is part of our January 2025 Newsletter.
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