A rightwing supreme court could be Donald Trump's most insidious legacy
Nov 12 2016
But it's highly unlikely he would go with Merrick Garland, President Barack Obama's nominee.
But should one of those justices retire or die during a Trump presidency, the Roberts court could enter an entirely different phase.
The last term's other major deadlock, over Obama's plan to spare millions of unauthorized immigrants from deportation and allow them to work legally in the United States, will nearly certainly be resolved without court intervention, as Trump has vowed to take a different path on immigration. The shorthanded court now is split with four conservatives and four liberals.
Conservative activists may be emboldened to bring cases urging the court to support gun rights, uphold abortion restrictions and rule for religious rights. Replacing Kennedy with a more stalwart conservative would immediately impact the court's dynamics. Please see our terms of service for more information. One dispute concerns a baker in Colorado, while another involves a florist in Washington state. Some Republicans also joined in to criticize the state's highest court. Trump's choice-if an authentic conservative-would shift the balance back to where it was before Scalia's death.
After roughly a million dollars in TV and radio ads plus a blizzard of postcards, the Kansas Supreme Court didn't change one bit with Tuesday's elections.
Rahdert says the Senate will not act on President Obama's nominee and will now wait for Trump to take office next year and nominate a new justice...
Progressive veteran Ruth Bader Ginsburg is the most senior member of the court at 83 - nicknamed "Notorious RBG", she is as beloved for her liberal quips as for her impressive collection of jabot collars and other accessories.
President Obama would have the option of placing Garland on the Supreme Court with a recess appointment soon or even as late as the closing weeks of his presidency in January, but the President on Wednesday promised he would do all he could to make the transition of power in the presidency as smooth as possible, and such an appointment would surely violate that spirit. But there has been talk of expanding the rule change [sometimes known as the nuclear option] to include the Supreme Court. "An already very conservative jurisprudence will deepen and may broaden, encompassing areas that had always been resistant, such as abortion rights". It's also a judicial quality conservatives have championed for decades.
As with so much in the wake of Tuesday's election, expectations for the Supreme Court and law of the land turned upside down as the results came in.
The list includes Dianne S. Sykes, a judge on the U.S. Court of Appeals who was appointed by George W. Bush, federal appeals judges Steven M. Colloton and Raymond M. Kethledge, state Supreme Court justices Joan Larsen of MI - who'd once worked as clerk to Scalia - Don Willett, Allison H. Eid and Thomas Rex Lee. The court on October 28 took up a case concerning a female-born transgender high school student named Gavin Grimm, who identifies as male and sued in 2015 to win the right to use the school's boys' bathroom. The court could potentially delay acting until it has nine justices.
A ruling could resolve similar litigation around the country over an Obama administration directive saying schools should allow transgender students to use the bathroom of their choosing.
"Here's the story", Trump said on the campaign trail in Cedar Rapids in July. William Pryor would give pro-lifers a reason to cheer; Pryor had to defend his statement in a 2003 Senate confirmation that Roe v Wade was "the worst abomination in the history of constitutional law". Trump is all about appointing pro-life judges to the Supreme Court. Their frustration has centered on how the court has handled school funding issues and the case of two brothers convicted of robbing, raping, kidnapping and shooting five people in Wichita in 2000. In an op-ed, the president Obama called him "a distinguished legal mind, a dedicated public servant and a good and decent man" - and I think even many GOP Senators would agree with that.