Federal Circuit Court Judges

Clarence Thomas Soon To Be Second Longest Serving Supreme Court Justice In American History!

Ronald 8 Comments

In October 1991, Clarence Thomas became the second African American Supreme Court Justice in American history, appointed by President George H W Bush, replacing the retired Thurgood Marshall, appointed to the Court in 1967 by President Lyndon B. Johnson.

Thomas had a highly contentious Supreme Court nomination battle, as he was accused of sexual harassment in the workplace by Anita Hill, a turning point which led to Thomas’s embitterment, and his life’s commitment to use his anger and fury in every way possible to undermine constitutional law, with his quest to promote “textualism” and “originalism”.

Thomas has been on the Court now for more than 34 years, and on Wednesday October 25, he will surpass the most famous and influential Justice in American history, Chief Justice John Marshall (1801-1835) in longevity, and be fourth all time in service.

And in early May, he will surpass Justice John Paul Stevens (1975-2010) and Justice Stephen J. Field (1863-1897) in longevity, and rank second all time in service, only behind Justice William O. Douglas (1939-1975).

If Thomas stays on the Court for two more years, he will be the top of the list of longevity in late May, 2028.

His impact on constitutional law has been massive, seen as mostly negative by a majority of constitutional and legal scholars, and many of his law clerks have ended up appointed by Republican Presidents George W. Bush and Donald Trump to Federal District Court and Federal Circuit Court lifetime appointments.

In many ways, Thomas’s appointment by George H. W. Bush may have had the longest and greatest impact of any action taken by the 41st President!

The Massive Defiance By Federal Judges Of Donald Trump, Including His Own Judicial Appointments!

Ronald 42 Comments

When the Supreme Court by a vote of 6-3 rejected Donald Trump’s tariffs as outside his rights, as it is up to Congress to decide on tariff policy, the President lashed out at those members of the Court who were part of the majority, including two of his appointments, Associate Justices Neil Gorsuch and Amy Coney Barrett, along with Chief Justice John Roberts.

But the record shows that federal judges, including appointments by all Presidents since Ronald Reagan, and even Trump appointments, have been active in rejecting another policy that is crucial to Trump’s agenda, mass detention and deportations of illegal immigrants, but also legal immigrants and even citizens by the abuses of ICE (Immigration and Customs Enforcement).

More than 100 legal challenges to this abusive policy have been filed daily in recent weeks, and as of mid February 2026, at least 373 federal judges have ruled against the administration’s mass detention policies, ordering release or bond hearings in more than 1,600 cases. At the same time, ONLY 28 judges, including 20 appointed by Trump, have sided with the administration’s position. And 44 Trump “judges” have been included in those who have ruled against its positions on mass detention. And a total of 3500 cases have been rejected overall, and only 150 cases supportive of the Trump policy.

The record shows that 122 Joe Biden appointments have ruled against the Trump Administration, and 112 Barack Obama appointments have also done so. The remaining rejections have seen 38 Bill Clinton judges, and a total of 43 George W. Bush judges, and 7 judges each appointed by Presidents George H W Bush, and Ronald Reagan.

But sadly, if a Circuit Court rules against what District Court judges have done, it can reverse the actions of those lower courts, so the battle for constitutional rights is a major crisis long term at this point!

The Argument For 18 Year Terms For Supreme Court Justices In The Future To Insure Constitutional Stability

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The controversy over Supreme Court nominee Brett Kavanaugh is a time to consider modifying the Judiciary Act of 1789, and end lifetime terms, and change to a maximum of 18 years on the Court for any future Supreme Court Justice.

It would insure in the future that we would have two Supreme Court appointments in any Presidential term, with the limit insuring turnover, rather than locking in a one sided Supreme Court, which can distort constitutional law and interpretation in a detrimental fashion.

Right now, in 2018, we have the danger of locking in a five member right wing Court that could last for 20-30 years, and the Court should, ideally, be a balanced Court, with some liberals, some moderates, and some conservatives, which normally was the way it was most of our history, but now seems a distant dream.

While there is an argument for longer terms, based on specific Justices being considered significant and admired by many, it still makes sense that we have a maximum of 18 years on the Court, and that way, the likelihood of having Justices at advanced ages, in the late 70s and early 80s, is much less likely to occur.

And one must realize that since most Justices come in modern times from the Circuit Courts, it means the average Justice would have a long judicial career, and if coming from an executive or legislative branch background, rare but has occurred in the past, that a Justice’s total career in public service will have been a long one.

The Record And Views Of Supreme Court Nominee Brett Kavanaugh Could Determine Constitutional Law To 2050!

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Tomorrow, the contentious hearings on the nomination of Supreme Court nominee Brett Kavanaugh will begin in the Senate Judiciary Committee.

These will be the most controversial set of hearings since 1987 and Robert Bork, and 1991, with Clarence Thomas.

On both of those occasions, the Democrats controlled the Senate, and Bork was rejected by a vote of 58-42, while Thomas was confirmed by a vote of 52-48.

The effect of Justice Clarence Thomas for the past 27 years has been profound, with many future potential Circuit Court or Supreme Court candidates having clerked for him.

Thomas has been trying to take us back to the Articles of Confederation in many ways, but also admiring Presidential power at the same time.

This is the danger of Brett Kavanaugh, that he would take America domestically back to the Gilded Age, wiping out the New Deal, Great Society, and everything Barack Obama changed.

He comes across on the surface as a pleasant, nice man, but it is all very misleading.

This is a man who worked for Ken Starr in the impeachment of Bill Clinton, and now Kavanaugh has changed his view of Presidential power 180 degrees.

This is a man who worked in the White House for George W. Bush, and helped to plan the idea of an anti gay marriage amendment, that was part of the campaign of Bush in 2004. And now, Donald Trump has used executive privilege to prevent 100,000 documents from Kavanaugh’s time in the Bush White House from being made available, which is another controversy now created, as why should the Senate be unable to examine all pertinent material about a nominee?

This is a man who worked to deny September 11 victims the ability to sue for damages, limiting unsuccessfully that intent.

This is a man who in his Circuit Court decisions has come out against abortion rights, against ObamaCare, against the Consumer Financial Protection Bureau, against labor union rights, and willing to support limitations on voting rights.

This is a man who might be able to vote on whether Donald Trump can be indicted or prosecuted, and should recuse himself on any such matters as a conflict of interest, but likely will not do so. Justice William Rehnquist, when new on the Court as an Associate Justice, recused himself from the US Vs. Richard Nixon case in 1974 (after which Richard Nixon resigned), because Rehnquist had worked in the Justice Department under Nixon. So that famous and significant case was 8-0, not 9-0 or 8-1, and at the least, a Justice Kavanaugh should recuse himself from any case involving possible legal action against Donald Trump.

Kavanaugh could affect future decisions on campaign finance, climate change, election gerrymandering, and travel bans, and regulation of guns.

He would also create a right wing conservative Court, unlike any since 85 years ago.

And being only 53, he could be on the Supreme Court until 2050, when he would reach 85 years of age.

This would be the most long range effect of Donald Trump, no matter how much longer he remains in the Presidency, along with the 26 and more Circuit Court confirmations already accomplished by Senate Majority Leader Mitch McConnell, along with Supreme Court Justice Neil Gorsuch.

The Democrats’ only hope would be IF all 49 Democrats hold fast (highly unlikely); Susan Collins and Lisa Murkowksi (both pro choice on abortion) abandoning the party ties on this vote (highly unlikely); and the person who replaces John McCain in the Senate (maybe Cindy McCain) joining the two women Republican Senators in voting against Kavanaugh (highly unlikely).