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Photo: J. Scott Applewhite / AP

Tax reform and the end of year spending deal will consume all of Washington's oxygen until the end of the year. But quietly, a potentially far more important, though far less sexy story is unfolding.

If Mitch McConnell's schedule goes to plan, the week after Thanksgiving the Senate Majority Leader will confirm his ninth federal judge. That would beat President Reagan's eight in his first year — the most in recent history. And it triples the three federal judges President Obama appointed in his first year in office.

Why this matters: The federal courts affect almost every area of policy: gun rights, presidential executive orders like Trump's travel ban, social policy issues like abortion and freedom of religion, and tensions between regulation, litigation and private enterprise. McConnell's judges — who passed through a well-funded and organized conservative pipeline — will shape the U.S. over many decades in ways we can't yet imagine.

  • Smart Democrats are deeply concerned about this trend, and understand that these lifetime judicial appointments will have a much greater impact on the future direction of this country than any short-term spending deal or policy.
  • Example: "This will be the single most important legacy of the Trump administration," Sen. Chris Coons, a Delaware Democrat and member of the Senate Judiciary Committee, told Business Insider. If conservatives have their way, he said, the Senate would "put judges on circuit courts all over the country, district courts all over the country, that will, given their youth and conservatism, will have a significant impact on the shape and trajectory of American law for decades."
  • As Congress becomes more and more dysfunctional, and more and more power accrues to the executive branch, it's the judges who increasingly decide policy. It wasn't Congress that blocked Trump's travel bans. It was judges in states like Hawaii and Maryland.

Inside McConnell's head: Leonard Leo, a top outside adviser on judicial appointments for President Trump and Republican leaders, told me McConnell places "an enormously high priority on the confirmation of judges" and has throughout his career. "His thinking behind that is that the federal judiciary has an enormous impact on the future direction of our country in ways that many pieces of legislation and public policy initiatives don't."

Go deeper

Dion Rabouin, author of Markets
36 mins ago - Economy & Business

Biden's inflation danger

Illustration: Sarah Grillo/Axios

President-elect Joe Biden's $1.9 trillion stimulus proposal has economists and bullish market analysts revising their U.S. growth expectations higher, predicting a reflation of the economy in 2021 and possibly more booming returns for risk assets.

Yes, but: Others are warning that what's expected to be reflation could actually show up as inflation, a much less welcome phenomenon.

Ina Fried, author of Login
2 hours ago - Technology

CES was largely irrelevant this year

Illustration: Sarah Grillo/Axios

Forced online by the pandemic and overshadowed by the attack on the Capitol, the 2021 edition of CES was mostly an afterthought as media's attention focused elsewhere.

Why it matters: The consumer electronics trade show is the cornerstone event for the Consumer Technology Association and Las Vegas has been the traditional early-January gathering place for the tech industry.

The FBI is tracing a digital trail to Capitol rioters

Illustration: Sarah Grillo

Capitol rioters, eager to share proof of their efforts with other extremists online, have so far left a digital footprint of at least 140,000 images that is making it easier for federal law enforcement officials to capture and arrest them.

The big picture: Law enforcement's use of digital tracing isn't new, and has long been at the center of fierce battles over privacy and civil liberties. The Capitol siege is opening a fresh front in that debate.

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