The Senate confirmed Steven Menashi to the 2nd U.S. Circuit Court of Appeals on Thursday by a vote of 51–41. Every Republican present except Sen. Susan Collins supported Menashi; every Democrat present opposed him. With this confirmation, Donald Trump has flipped the 2nd Circuit to a majority of Republican appointees—a momentous shift in the balance of power that could help the president shield himself from criminal liability and congressional scrutiny in a jurisdiction, New York, which he previously called home.
The U.S. Court of Appeals for the 2nd Circuit had a burning question for Donald Trump’s Department of Justice on Tuesday: What are you doing in our courthouse? By the end of the day, the answer still wasn’t clear. Something else was, though: The DOJ’s new anti-gay legal posture is not going to be received with open arms by the federal judiciary.
Many Republicans have made clear in recent weeks that they favor the basic policy DACA enshrined, and merely oppose its executive implementation. Sessions, who helped persuade Trump to kill the program, is not one of those Republicans. In his remarks, he directly denounced the very idea of granting any kind of amnesty to undocumented individuals brought to the U.S. as children through no fault of their own. At the heart of his speech were two lies, straight from Breitbart, explaining why DACA must end:
On Thursday night, Arkansas executed Ledell Lee—the state’s first execution in 12 years. Lee’s final plea to the U.S. Supreme Court was rejected by a 5–4 vote. Justice Neil Gorsuch cast the deciding vote allowing Lee to die. It was his first recorded vote cast as a justice of the court. Lee insisted upon his innocence from the day of his arrest through the night of his execution. He implored Arkansas to let him take a DNA test and compare the results to DNA collected at the scene of the murder he allegedly committed, but the state refused.