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Here are 7 simple ways Democrats can thwart Trump’s judges from striking down progressive policies

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Even once President Donald Trump is removed from office, and Democrats regain unified control of Congress and the White House, they will have to contend with the army of new right-wing federal judges Republicans have installed at every level, including two on the Supreme Court. Senate Majority Leader Mitch McConnell (R-KY) made confirming judges to the seats he held open in the Obama years a top priority, because he knew these judges could legislate from the bench and cancel the policies of any future Democratic lawmakers the people elect, from universal health care to climate action to gun policy.

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But as Justin Slaughter wrote for The American Prospect, a Democratic Congress can prevent right-wing jurists from overturning legislation, if they plan ahead and draft their bills strategically. “There are steps that Democrats can and should take to mitigate the damage that the new, very conservative Supreme Court can do to Democratic laws and policies,” he wrote. “And it won’t take threatening to pack the Court, either.”

First, Slaughter wrote, Democrats should start writing bills from the assumption they will face legal challenges.

Second, all bills should contain “severability” clauses and redundant mechanisms that ensure a successful legal challenge only strikes down one part of the law.

Third, Democrats should make sure any measure for raising revenue is identified as a “tax” so that it falls under one of Congress’ broadest legislative powers.

Fourth, bills should take effect more quickly, so that judges can only hear cases after the laws are in place and benefiting people.

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Fifth, bills should include a provision that any legal challenge is fast-tracked to the Supreme Court, increasing the odds that Democrats will still control Congress when the case is heard and can pass follow-up laws to fix any statutory rulings from the justices.

Sixth, Democrats should devolve less rulemaking power to federal agencies, as the justices are likely to curtail precedents that allow this.

And seventh, in order to do all this, Congress should hire more staffers and reopen analytical offices like the Office of Technology Assessment, which the GOP shut down in 1995.

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“These ideas are not a panacea,” said Slaughter. “In the short term, legislative gridlock could force the next Democratic president to rely more on rulemaking, making progress with existing laws already passed by Congress. And for the immediate future, Democrats have to accept that the Court will be a harsh judge of their laws and policies from now on, and adapt to that new reality. Frankly, it’s long overdue; the Court has asserted its authority brazenly for some time.”

“So, if you’re worried about the Court, the best advice I can give is to go and volunteer some time knocking doors this fall, phone your senators about the Court, and take some action,” concluded Slaughter. “Ultimately, it all comes back to the ballot box.”

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Impeachment managers release trial memorandum detailing why Trump must be removed from office

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House impeachment managers released an in-depth trial memorandum laying out the case for convicting President Donald Trump during his Senate impeachment trial.

The memorandum was released by representatives Adam Schiff (D-CA), Jerry Nadler (D-NY), Zoe Lofgren (D-CA), Hakeem Jeffries (D-NY), Val Demings (D-FL), Jason Crow (D-CO) and Sylvia Garcia (D-FL).

The document divides the argument by the House of Representatives into three points.

"The Senate should convict President Trump of abuse of power," is the first section.

"The Senate should convict President Trump of obstruction of Congress," is the second section.

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2020 Election

He ‘can’t understand why he is being impeached’: CNN reports Trump is asking ’why are they doing this to me?’

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President Donald Trump is reportedly "distracted" by impeachment while vacationing at Mar-a-Lago as the United States Senate trial begins.

"A source close to the White House who speaks to Donald Trump regularly said the President has appeared 'distracted' by the impeachment trial that begins on Tuesday, telling people around him Friday night at Mar-a-Lago that he 'can't understand why he is impeached,'" CNN's Jim Acosta reported Saturday. "'Why are they doing this to me,' the source quoted Trump as saying repeatedly."

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Rod Rosenstein’s legal defense in lawsuits from Strzok and Page won’t hold up under oath: legal experts

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Rod Rosenstein

Former Deputy Attorney General Rod Rosenstein claimed responsibility for the release of text messages between then-FBI attorney Lisa Page and then-FBI official Peter Strzok.

Emails released in a Freedom of Information Act (FOIA) lawsuit by the watchdog group Citizens for Responsibility and Ethics in Washington (CREW) revealed the highly unusual release by Sarah Isgur Flores, who at the time was the spokesperson for Trump's Department of Justice (she is now overseeing CNN's 2020 election coverage).

Flores instructed reporters to not cite the release of the documents to the Depart of Justice.

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