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The Progress Report – Tainted Judge

From The Progress Report:

Think Fast

Republicans won the midterm elections, but they still haven’t won the public’s trust — a new Washington Post-ABC News poll says the public trusts President Obama more than congressional Republicans to address the country’s problems, by a margin of 43 to 38 percent. Most continue to say that the Republicans in Congress are not doing enough to compromise with Obama on important issues.

Senate Majority Leader Harry Reid (D-NV) and Minority Leader Mitch McConnell (R-KY) have been negotiating in hopes of finding an agreement “to confirm more judicial nominees before adjourning for the year.” The Huffington Post’s Ryan Grim notes that Obama has experienced the slowest pace of judicial confirmations in at least a generation, with a paltry 39.8 percent of Obama’s judges having been confirmed by the Senate.

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Tainted Judge

On Monday, George W. Bush appointed-Judge Henry Hudson broke with 14 judges who have dismissed challenges to the Affordable Care Act to become the only judge in America to conclude that the portion of the law requiring almost all Americans to carry insurance is unconstitutional. Predictably, conservatives reacted to this outlier opinion by pretending it was the single most important decision since Brown v. Board of Education. Virginia Attorney General Ken Cuccinelli (R), who filed the lawsuit, immediately fired off a fund-raising solicitation proclaiming, “Cuccinelli succeeded in overturning the individual mandate.” Presumptive House Speaker John Boehner (R-OH) called on states to ignore the law and refuse to implement it. Even former Massachusetts governor Mitt Romney (R), who signed a nearly identical law while he was governor, pretended to agree with Hudson. But the right is in for a rude awakening. The reality is that Hudson is a deeply ideological judge who handed down an exceptionally poorly reasoned opinion that is unlikely to sway any appellate judge to his side.

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