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Opinion: Unhappy with the Supreme Court? Your vote for president could make it worse

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Opinion: Unhappy with the Supreme Court? Your vote for president could make it worse

By now it shouldn’t need to be said: When Americans vote for a president, the federal courts are on the ballot as well. Yet too few voters, especially among those in the decisive middle, make their choice with that in mind.

Think about it: The issues that voters do care most about in this election year — immigration, reproductive rights, the economy and government regulation, gun control — increasingly are decided in federal courts reshaped by Donald Trump, including the Supreme Court, because of the paralyzing dysfunction in Congress.

Opinion Columnist

Jackie Calmes

Jackie Calmes brings a critical eye to the national political scene. She has decades of experience covering the White House and Congress.

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Add to those perennial issues the novel one of 2024: Trump’s legal accountability. Here, the judiciary’s impact couldn’t be more clear. Foot-dragging — by the Supreme Court, where three Trump appointees sit, and at the Florida district court where a Trump-appointed judge presides — has all but assured that voters won’t get criminal verdicts before election day on the former president’s efforts to overturn his 2020 defeat and to squirrel away top-secret documents.

We’ve learned the hard way: It matters whether Trump or President Biden is picking federal judges, just as it matters which party controls the Senate and has the power to confirm them.

Only since the 2022 Dobbs decision overturning a half-century of abortion rights have Democrats begun to wise up to what Republicans have long known: With executive and legislative power, your party can put its stamp on the unelected third branch of government, the judiciary, and that legacy can long outlast the politicians. As Trump lackey Sen. Lindsey Graham of South Carolina recently said of 2024, “One of the big issues on the ballot is trying to have a more conservative judiciary.”

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Be forewarned, Democrats. Flip the script — mobilize your voters around this issue.

Here are the stakes: If Biden wins, he can continue the unfinished work of trying to offset the right-wing tilt (and white male dominance) that Trump gave to the courts by naming more judges in a single term than any president other than Jimmy Carter. Biden’s effort could well be slowed if, as widely expected, Republicans take control of the Senate and gum up the confirmation works.

But better slow action in the Senate on Biden appointees than a return, if Trump wins, to a fast track for extreme right-wingers. Such as Trump-appointee Aileen Cannon, the novice Florida district judge (mis)handling the former president’s trial involving classified material. Or Matthew Kacsmaryk, the Texas district judge and culture warrior who last year sought to outlaw mifepristone, one of two drugs used for the medication abortions that account for more than half of all abortions in the country. He filled his opinion with the jargon of antiabortion activists, writing at one point that mifepristone, which is used just up to 10 weeks’ pregnancy, “ultimately starves the unborn human until death.” The Supreme Court will hear that case March 26.

Another consideration for voters: While a reelected Biden likely wouldn’t be able to alter the imbalance at a Supreme Court between six archconservatives and three liberals, he could prevent it from getting even worse.

None of the justices are expected to retire soon. However, the two oldest (and most conservative), Clarence Thomas and Samuel A. Alito Jr., are in their mid-70s and could opt to step aside if Trump wins, court watchers speculate, so that he could replace them with like-minded jurists young enough to serve for decades. (In normal times, we might already be rid of Thomas through impeachment or resignation, given his well-documented ethical lapses and his refusal to recuse himself from Jan. 6 cases despite his wife’s complicity in efforts to overturn Biden’s election. But these aren’t normal times.)

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When Trump reluctantly left the White House, his judicial picks made up one-third of the Supreme Court, nearly one-third of the 13 appeals courts and more than a quarter of the 94 district courts. Because relative youth and proven Republican bona fides were the job criteria set by Trump and the trio to whom he outsourced his court-packing — Senate Republican leader Mitch McConnell, then-White House Counsel Don McGahn and former Federalist Society leader Leonard Leo — Trump judges likely will be prominent on the federal bench well past midcentury.

“Topping Trump seems impossible” was the headline last fall on an analysis of Biden’s judicial appointments by Russell Wheeler, of the Brookings Institution, who tracks the courts. In an update in January, however, Wheeler said that although Biden probably won’t top Trump’s one-term total for judges on the appeals courts, he could match him on district court judges.

Should Biden fall short, it won’t be for lack of trying. More than Democratic predecessors Bill Clinton and Barack Obama, he has made judicial nominations a priority in the wake of Team Trump’s single-minded courts makeover. Better late than never?

Biden was, after all, a leader on the Senate Judiciary Committee for years; he knows his stuff. (Except we do have him to thank for Thomas’ confirmation three decades ago.) And Senate Democrats, with their one-vote majority, have helped. Together, they set a record for confirmations in a president’s first year in office, though the pace was only “so-so,” as Wheeler put it, by the end of last year.

One problem is that Biden didn’t inherit nearly as many vacancies as Trump did. McConnell had thwarted confirmation of many nominees in Obama’s final year — most famously, Merrick Garland for the Supreme Court — so Trump was able to fill the seats. Then in Trump’s final year, McConnell nearly made good on a vow to “leave no vacancy behind”; he even rammed 14 nominees to confirmation after Trump lost the 2020 election, the first time a defeated president’s nominees were confirmed since 1897.

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Now Democrats must copy McConnell’s zeal. Fifty-seven judgeships are open, and Biden has picked nominees for just a third of them. For one thing, he and Senate leaders are being too deferential to Republicans about whom to nominate for red-state vacancies. Just get ‘em all filled before election day, lest Trump and a Republican-run Senate once again inherit a bonanza of seats.

If the republic is lucky, voters will give Biden another four years to keep at it. And that’s more likely if enough of them remember: The bench is on the ballot too.

@jackiekcalmes

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Video: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

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Video: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

new video loaded: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

On the fifth day of the war in Iran, Defense Secretary Pete Hegseth said that the U.S. military operation was intensifying and that more warplanes were arriving in the region.

By Christina Kelso

March 4, 2026

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US submarine sinks Iranian warship by torpedo in a first since World War II

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US submarine sinks Iranian warship by torpedo in a first since World War II

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A U.S. submarine sank a prized Iranian warship by torpedo, the first such sinking of an enemy ship since World War II, Secretary of War Pete Hegseth said Wednesday morning.

Hegseth joined Chairman of the Joint Chiefs of Staff Gen. Dan Caine at the Pentagon to provide an update to reporters on “Operation Epic Fury” in Iran.

“An American submarine sunk an Iranian warship that thought it was safe in international waters,” Hegseth said. “Instead, it was sunk by a torpedo. Quiet death. The first sinking of an enemy ship by a torpedo since World War Two. Like in that war, back when we were still the War Department. We are fighting to win.”

Caine said that an Iranian vessel was “effectively neutralized” in a Navy “fast attack” using a single Mark 48 torpedo. He added that the U.S. Navy achieved “immediate effect, sending the warship to the bottom of the sea.”

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WATCH HEGSETH’S ANNOUNCEMENT:

Hegseth said that the U.S. Navy sank the Iranian warship, the Soleimani. The flagship was named for Qasem Soleimani, an Iranian military officer who served in the Islamic Revolutionary Guard Corps who the U.S. killed in a January 2020 drone strike during President Donald Trump’s first term.

“The Iranian Navy rests at the bottom of the Persian Gulf. Combat ineffective, decimated, destroyed, defeated. Pick your adjective,” Hegseth said. “In fact, last night we sunk their prize ship, the Soleimani. Looks like POTUS got him twice. Their navy, not a factor. Pick your adjective. It is no more.”

This map shows U.S. and Israeli strikes against Iranian naval forces as of March 1. (Fox News)

Hegseth also told reporters at the briefing that the U.S. and Israel will soon achieve “complete control” over Iranian airspace after Iran’s missile capabilities were drastically diminished in the four days of fighting.

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US ‘WINNING DECISIVELY’ AGAINST IRAN, WILL ACHIEVE ‘COMPLETE CONTROL’ OF AIRSPACE WITHIN DAYS, HEGSETH SAYS

“More bombers and more fighters are arriving just today and now, with complete control of the skies, we will be using 500 pound, one thousand pound and 2,000 pound laser-guided precision gravity bombs, of which we have a nearly unlimited stockpile,” he said.

The war has killed more than 1,000 people in Iran and dozens in Lebanon, while U.S. officials said six American troops were killed in a fatal drone strike in Kuwait.

Thousands of travelers have been left stranded across the Middle East.

This map shows security and travel updates for Americans regarding countries in the Middle East region. (Fox News)

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Caine told reporters that the U.S. military is helping thousands of Americans stranded in the Middle East after the U.S. State Department urged citizens to leave more than a dozen countries.

Fox News Digital’s Ashley Carnahan contributed to this report.

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Israel says fighter jet took down Iranian warplane, the first shootdown of its kind
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Sen. Padilla preps for Trump trying to seize control of elections via emergency order

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Sen. Padilla preps for Trump trying to seize control of elections via emergency order

Sen. Alex Padilla (D-Calif.) is preparing for President Trump to declare a national emergency in order to seize control of this year’s midterm elections from the states, including by bracing his Senate colleagues for a vote in which they would be forced to either co-sign on the power grab or resist it.

In the wake of reporting last week that conservative activists with connections to the White House were circulating such an order, Padilla sent a letter to his Senate colleagues Friday stating that any such order would be “wildly illegal and unconstitutional,” and would no doubt face “extremely strict scrutiny” in the courts.

“Nevertheless, if the President does escalate his unprecedented assault on our democracy by declaring an election-related emergency, I will swiftly introduce a privileged resolution [and] force a vote in the Senate to terminate the fake emergency,” wrote Padilla, the ranking Democrat on the Senate Committee on Rules and Administration.

Padilla wrote that such an order — which could possibly “include banning mail-in voting, eliminating major voting registration methods, voter purges, and/or new document barriers for registering to vote and voting” — would clearly go beyond Trump’s authority.

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“Put simply, no President has the power under the Constitution or any law to take over elections, and no declaration or order can create one out of thin air,” Padilla wrote.

The same day Padilla sent his letter, Trump was asked whether he was considering declaring a national emergency around the midterms. “Who told you that?” he asked — before saying he was not considering such an order.

The White House referred The Times to that exchange when asked Tuesday for comment on Padilla’s letter.

If Trump did declare such an emergency, a “privileged resolution,” as Padilla proposed, would require the full Senate to vote on the record on whether or not to terminate it — forcing any Senate allies of the president to own the policy politically, along with him.

Experts say there is no evidence that U.S. elections are significantly affected or swung by widespread fraud or foreign interference, despite robust efforts by Trump and his allies for years to find it.

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Nonetheless, Trump has been emphatic that such fraud is occurring, particularly in blue states such as California that allow for mail-in ballots and do not have strict voter ID laws. He and others in his administration have asserted, again without evidence, that large numbers of noncitizen residents are casting votes and that others are “harvesting” ballots out of the mail and filling them out in bulk.

Soon after taking office, Trump issued an executive order purporting to require voters to show proof of U.S. citizenship before registering and barring the counting of mail-in ballots received after election day, but it was largely blocked by the courts.

Trump’s loyalist Justice Department sued red and blue states across the country for their full voter rolls, but those efforts also have largely been blocked, including in California. The FBI also raided an elections office in Georgia that has been the focus of Trump’s baseless claims that the 2020 presidential election was stolen from him.

Trump is also pushing for the passage of the SAVE Act, a voter ID bill passed by the House, but it has stalled in the Senate.

In recent weeks, Trump has expressed frustration that his demands around voting security have not translated into changes in blue state policies ahead of the upcoming midterm elections, where his shrinking approval could translate into major gains for Democrats.

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Last month, Trump wrote on his Truth Social platform, “I have searched the depths of Legal Arguments not yet articulated or vetted on this subject, and will be presenting an irrefutable one in the very near future. There will be Voter I.D. for the Midterm Elections, whether approved by Congress or not!”

Then, last week, the Washington Post reported that a draft executive order being circulated by activists with ties to Trump suggests that unproven claims of Chinese interference in the 2020 election could be used as a pretext to declare an elections emergency granting Trump sweeping authority to unilaterally institute the changes he wants to see in state-run elections.

Election experts said the Constitution is clear that states control and run elections, not with the executive branch.

Democrats have widely denounced any federal takeover of elections by Trump. And some Republicans have expressed similar concerns, including Sen. Mitch McConnell (R-Ky.), who chairs the Senate rules committee.

In the Wall Street Journal last year, McConnell warned against Trump or any Republican president asserting sweeping authority to control elections, in part because Democrats would then be empowered to claim similar authority if and when they retake power.

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McConnell’s office referred The Times to that Journal opinion piece when asked about the circulating emergency order and Padilla’s resolution.

Padilla’s office said his resolution would be introduced in response to an emergency declaration by Trump, but hoped it wouldn’t be necessary.

“Instead of trying to evade accountability at the ballot box,” Padilla wrote, “the President should focus on the needs of Americans struggling to pay for groceries, health care, housing and other everyday needs and put these illegal and unconstitutional election orders in the trash can where they belong.”

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