When Democrats regain power, if they follow the same playbook and systematically appoint outspoken liberal judges, the appeals courts will end up as ideologically split as Congress is today.The Times observes Federal Appeals courts hear some 60,000 cases a year whereas only about 80 of those are subsequently accepted for final review by the Supreme Court. In other words, much of importance is finally decided at the appeals level.
The Times fails to add that some of these courts already are known for ideological bias. Especially the West Coast's Ninth Circuit which is both notably liberal and often overturned by the Supremes.