In a surprising announcement on Wednesday, Senator Mitch McConnell revealed that he will not seek another term as the leader of Senate Republicans, although he will retain his seat until January 2025. McConnell's tenure as a leader has been marked by extreme obstruction tactics and a relentless effort to hinder Democratic legislation. Additionally, he aligned himself closely with former President Donald Trump, even voting to acquit him in his impeachment trial following the January 6 insurrection. However, McConnell's most lasting impact could be his successful push to fill the federal judiciary with far-right ideologues, fundamentally reshaping the courts to align with the modern Republican Party.

Dahlia Lithwick and Mark Joseph Stern recently discussed the extensive damage inflicted by McConnell on the independent federal judiciary and the enduring consequences for American democracy and civil rights. Lithwick expressed her disdain for McConnell, stating that he singlehandedly dismantled Senate norms of comity and respect, aided Trump in evading accountability, and manipulated the Supreme Court by appointing individuals who were questionable choices for the bench. Despite these criticisms, Lithwick acknowledged that McConnell, at times, upheld certain vestigial norms and avoided descending into complete sociopathy.

Lithwick further emphasized that no other figure has done more to undermine the federal judiciary than McConnell. During the Obama administration, McConnell employed tactics to block numerous judicial nominations, with the specific aim of leaving these seats vacant to be filled by Trump. Furthermore, he notoriously obstructed the appointment of Merrick Garland to the Supreme Court in 2016 while fast-tracking the confirmation of Justice Amy Coney Barrett during the 2020 election season. These actions exposed McConnell's lack of principles and highlighted the manipulative nature of his political strategies.

Perhaps McConnell's most significant achievement was recognizing that winning elections and changing public opinion was unnecessary to achieve Republican policy goals. Rather, by focusing on stacking the courts with ideologically aligned judges, McConnell found a route to enacting conservative policies that would be safeguarded by the veil of judicial review. This approach effectively bypassed the democratic process, making it exceedingly difficult for Democrats to reverse these entrenched policies for decades to come.

Critics argue that McConnell's prioritization of judicial appointments demonstrates a disregard for an independent judiciary and undermines its integrity. His actions have been viewed as morally bankrupt, particularly considering his acquiescence to Trump's actions and his failure to take decisive action following the January 6 insurrection. Despite this, McConnell has been hailed by some as an elder statesman, a notion that Lithwick finds deeply troubling.

Stern added that McConnell's leadership under the Trump administration resulted in an unprecedented efficiency in confirming judges. This robust judicial confirmation machine had the effect of keeping the Republican Party and conservative movement united behind Trump. While it is unlikely that McConnell's successor will match the same level of efficiency, their continued efforts to appoint judges with conservative agendas may still pose a significant challenge to future administrations.

As the Biden administration grapples with the task of appointing judges, they are facing a difficult path in trying to match the pace of confirmations achieved under Trump and McConnell. The success of McConnell's court-stacking strategy has made it evident that even a slight decrease in efficiency for future Republican administrations will not diminish the impact of their appointments. A single, ideologically aligned judge at the district court level can effectively obstruct an entire presidency's policy agenda.

In conclusion, McConnell's legacy will be remembered for his obstructionist tactics in the Senate and his successful efforts to reshape the federal judiciary with conservative judges. While critics condemn his disregard for democratic norms and the erosion of an independent judiciary, McConnell's approach has left a lasting impact that will shape the future of American governance and the rights of its citizens for years to come.