My granddaughters openly call me old. I wasn’t old enough to recall the source of the comedy skit “Here Come Da Judge” from the Laugh-In show on NBC while I was in high school. I imagined the recurring skits were performed by Flip Wilson when, in truth, it was Sammy Davis, Jr. on the show. Earlier, comedian Pigmeat Markham performed the routine, and he may not have been the first.
With Donald Trump's re-election, the judges are coming, but there is no humor. Trump is already making moves to push his people throughout the federal judiciary. He is demanding the yet-to-be-installed Republican Senate leadership give him the power to make recess appointments, skipping the burdensome confirmation process if things aren’t moving fast enough.
Give Mitch McConnell the credit he’s due for showing Trump the way. He pushed through as many federal judges as possible while alternately blocking or rushing through Supreme Court nominees depending on who wanted to appoint them. McConnell knew that the future of America would be shaped by who is allowed to interpret the Constitution.
Trump’s purpose is different. He’s looking to who will decide on his present and future cases as a backup plan should the immunity already bestowed on him be tested. Trump is already looking for a way to erase 34 felony convictions in the state of New York and decrease, if not eliminate, penalties exceeding half a billion dollars. Trump ran for President to stay out of jail. He needs more judges to stay out of debt.
The only criteria Trump used last time were youth and ideology. Experience and judicial temperament weren’t prerequisites. A third standard will now be applied: loyalty to Trump.
During the 2024 campaign, the idea was floated that Aileen Cannon might be offered the next Supreme Court offering if she handled his case correctly. She held up her end of the bargain, delaying proceedings so as not to affect the election and throwing the case out entirely when she felt she could get away with it. Cannon wasn’t experienced enough to handle that case, and other judges pleaded with her to pass when she was randomly selected. Cannon is currently overseeing another Trump case involving an alleged assassination attempt. She has refused to recuse herself from that case as well. Cannon, who Trump appointed to the federal bench, wasn’t qualified for that job and isn’t qualified for the Supreme Court.
In theory, the Senate confirmation process will weed out unqualified nominees. Senator Rick Scott is seeking to be the Senate Majority Leader, replacing Mitch McConnell, who is stepping down from leadership. Scott has already agreed to Trump’s recess appointment plan in hopes of gaining Trump’s support. There is no chance Scott would stand in the way of any Trump appointee, especially if backed by the ideologically-driven Heritage Foundation. There was a time when Tim Scott and Marco Rubio stood up to Trump nominees Thomas Farr and Ryan Bounds for being over-the-top racist, but those days are gone.
For at least the next two years, depending on the results of the 2026 Senate elections. Trump will get whoever he wants on the federal bench and likely at least two Supreme Court picks as Clarence Thomas and Samuel Alito are expected to retire. Trump could easily treat Cannon like one of his contractors or lawyers and not live up to any implied promise, but who can say? Whoever Trump nominates, we know qualifications won’t matter. He’s the same man that tried to make Herschel Walker a Senator. Why not put Herschel on the Supreme Court? He could learn the Here Come Da Judge dance and lyrics to make things complete.
This post originally appeared on Mediumand is edited and republished with author's permission. Read more of William Spivey's work on Medium. And if you dig his words, buy the man a coffee.