Bottom Line

Elizabeth Warren and Senate Democrats are executing a well-coordinated plan to cement their influence in the judiciary. Their efforts threaten to undermine President Trump’s America First agenda and could shape the legal landscape for decades. Meanwhile, Bannon and Davis are urging Republicans to fight back by showing up, voting, and using every procedural tool available to stop this left-wing judicial takeover.

Resources for this report:

Sen. Elizabeth Warren: Here’s the Plan to Fight Back Against MAGA

Article 3 Project to Fight Back with Mike Davis

The Stakes Are High for Federal Courts

During a recent discussion on Tuesday WarRoom, Steve Bannon and Mike Davis sounded the alarm about Senate Democrats’ aggressive push to confirm 28 federal judges during the lame-duck session. Bannon labeled the situation as a critical fight over "money and power,” highlighting the Democrats’ strategy to secure lifetime judicial appointments before losing control of the Senate. He said, "Elizabeth Warren is smart, tough, and knows how to play the game.”

This effort, led by Warren, underscores the Democratic priority of reshaping federal courts, especially district and appellate courts where most legal battles are decided. Warren herself stated on MSNBC, "The overwhelming number of decisions are made at the district court level. Most appeals are resolved at the circuit court level.”

Watch the Warren MSNBC interview:

Elizabeth Warren is extremely concerned about Donald Trump’s cabinet picks – stating that Senate Democrats need to fill the courts with "independent judges”

"We have a responsibility to help take care of our judicial system, to help strengthen our court system.”

Senator… pic.twitter.com/oN30TB0D2d

— American Archer (@CalenArcher) November 14, 2024

Bannon’s Warning: GOP Must Step Up

Bannon sharply criticized Senate Republicans for their lack of urgency in opposing this effort. He noted that many GOP senators are absent, saying, "They’re down in Florida or wandering around somewhere while Democrats hammer through these judges.” Davis echoed the frustration, emphasizing the importance of blocking these appointments: "This is the most important thing a senator can do—show up and vote to protect the courts.”

Elizabeth Warren’s Agenda: A Direct Threat to MAGA

Elizabeth Warren’s comments on MSNBC outlined a clear opposition to Trump’s America First judicial legacy. Her plan? Ensure every Democratic senator is present and committed to confirming these judges. She declared, "If we don’t get this done, it’s on nobody but us because we have the power right now.” Warren’s focus is not only on filling court vacancies but also on preparing to counter any future Trump judicial nominations through intense oversight and public scrutiny.

Warren’s push highlights a broader strategy: to lock in liberal-leaning judges who could block future conservative policies. It’s a stark contrast to President Trump’s successful appointments, including the transformation of the Supreme Court into a constitutionalist majority and reshaping lower courts with 234 federal judges.

Why This Fight Matters

The stakes are enormous. As Davis explained, "Appellate courts are the last stop for 99% of federal appeals. The Supreme Court rarely takes cases. This is where true power lies.” Bannon and Davis warned that Biden’s judicial appointments, if unchecked, could surpass Trump’s record and tilt the judiciary in favor of progressive policies for decades.

The GOP’s Path Forward

Both Bannon and Davis stressed the need for Senate Republicans to take immediate action. "The game in the Senate is to show up to work,” Davis said. He urged Republicans to adopt the same delaying tactics Democrats used during Trump’s presidency, grinding the Senate to a halt if necessary.

"The courts are where the battle for America is fought,” Bannon said. "This is about stopping the Trump Revolution.” He called for a united Republican effort to block these judicial appointments, arguing that failure to act now would have lasting consequences.

For more context on Tuesday’s discussion between Bannon and Davis, watch the following segment: 

Mike Davis: Radical Senate Democrats Are Confirming Their Radical Judges