As shown in Figure 2, the strategy worked. While Obama has seen his nominating power virtually wiped out by McConnell and his allies in the Senate, Trump has been able to whip a number of controversial judges. Of the more than 110 federal seats left vacant by conservative congressmans under Obama, more than 80 percent have already been occupied by Trump in the first two years of his term.39 Trump recently confirmed more district judges than any other government.40 One way to impose denials and other ethical requirements is to create a permanent independent body. investigating ethics complaints and taking disciplinary action. Complaints of breaches of judicial ethics would automatically be referred to the body with broad investigative powers. The council could be composed of retired judges and magistrates of higher status. Their members would be subject to strict conditions of refusal if the subject of an investigation was used by one of their employees or if there were other social ties. According to the provisions of the section above, the judiciary extends to nine classes of cases and controversies that fall under two general groups. In the words of Chief Justice Marshall in Cohens v. Virginia:366 “In the first, jurisdiction depends on the nature of the thing, regardless of the part. This class includes “all cases of law and equity arising out of this Constitution, the laws of the United States, and treaties that have been or are to be entered into under their authority.” This reason extends the jurisdiction of the Tribunal to all the cases described, without making any exception in its conditions, and without taking into account the state of the party.
If there is an exception, it must be against the explicit terms of the article. In the second year, jurisdiction depends entirely on the nature of the parties. These are “controversies between two or more States, between a State and citizens of another State” and “between a State and foreign States, citizens or subjects”. If it is the parties, what may be the subject of controversy does not matter. In any case, these parties have the constitutional right to go before the courts of the Union. 367 Beyond the attack on class actions, the courts have supported the promotion of forced arbitration agreements that place consumers and workers in a business-friendly arbitration process and not before a judge.166 adhere to advocacy standards, going so far as to restrict private rights of recourse. . . .