Mitch McConnell stokes a constitutional crisis

A Senate outburst could backfire spectacularly

Republican Senate Majority Mitch McConnell on Thursday urged conservative district courts to ignore a new directive from the body that oversees the federal judiciary, setting up a potential showdown with massive implications for the rule of law, separation of powers, and some of Americans’ most cherished rights.

Earlier this week, the Judicial Conference of the United States issued a new rule meant to end “judge-shopping,” a process by which litigants file suits in districts where they believe an ideological sympathetic judge would rule in their favor. Conservatives have used the scheme to direct major lawsuits toward a number of Trump-appointed federal judges, most notably District Court Judge Matthew Kacsmaryk, who is the only judge in his Texas district.

“This was an unforced error by the Judicial Conference. I hope they will reconsider,” Senate Minority Leader Mitch McConnell (R-Ky.) said in a Senate floor speech on Thursday. “And I hope district courts throughout the country will instead weigh what is best for their jurisdictions, not half-baked ‘guidance’ that just does Washington Democrats’ bidding.”

It’s a weak talking point, to say the least, about a conference that is largely comprised of Republican judicial nominees and chaired by Chief Justice John Roberts. More than anything else, it’s yet another power grab by McConnell, who is counting on the fact that a vast majority of Americans have never heard of the Judicial Conference or have any real inkling as to how the judiciary operates. But in his arrogance, McConnell also handing Democrats a golden opportunity to disempower conservative judges and shift the national conversation ahead of the November election.