The death of Judge Ruth Bader Ginsburg, just 46 days before the presidential election, left the Supreme Court at a historic moment.
Ginsburg’s replacement could decide the court’s political preference for decades to come if Trump manages to push through his third conservative justice in one term.
Before Ginsburg’s death, the closely-divided court had five judges with conservative bows and four liberals.
If Trump elected a conservative judge to replace the liberal Ginsburg, as expected, the court conservatives would have more weight with a 6-3 majority.
The death of Judge Ruth Bader Ginsburg left the Supreme Court at a historic moment that it could experience for many years to come with a conservative 6-to-3 majority
Before Ginsburg’s death, the closely-divided court had five judges with conservative bows and four liberals. In the photo Ginsburg with the other judges
The president repeatedly praises his success by already appointing two conservative Supreme Court justices as one of the greatest achievements of his tenure, but he wishes to expand his influence further.
He’s been remaking the federal bank for a generation, and the new vacancy in the highest court gives the president the opportunity to shape his future for decades to come when he is reelected in November.
Trump’s two nominees to court, Judge Neil Gorsuch, 53, and Judge Brett Kavanaugh, 55, are young nominations, meaning their potential tenure could last for decades.
The current composition of the United States Supreme Court
John G. Roberts, Jr., Chief Justice of the United States
Neil M. Gorsuch, Associate Justice
Brett M. Kavanaugh, Associate Justice
Samuel A. Alito, Jr., Associate Justice,
Clarence Thomas, Associate Justice
Stephen G. Breyer, Associate Justice
Sonia Sotomayor, Associate Justice
Elena Kagan, Associate Justice
Ruth Bader Ginsburg, Associate Justice
If possible, the president is expected to elect a third young candidate, extending his influence on the court.
If he loses in November without acquiring a third judge, Biden can nominate a Liberal candidate, keeping the Conservative-Liberal balance at 5-4.
With other current judges on the court in the 1970s and 80s, without the candidate for Trump, a Biden presidency could have even more vacancies that could completely turn the court’s balance.
If Trump wins the election and has already appointed his third judge, more vacancies in a second term could push the conservative bias even further.
Chief Justice of the United States John G. Roberts, Jr .; Neil M. Gorsuch, Brett M. Kavanaugh, Samuel A. Alito, Jr., and Clarence Thomas are the conservative-leaning members of the court, although they have not always sided with Trump.
Stephen G. Breyer, Sonia Sotomayor and Elena Kagan are the three remaining liberal judges.
While conservatives are currently in the majority, the court hasn’t always sided with Trump, including two major losses to the president this year.
Another reason for the president pushing for a third Justice is the hope that it will ensure his success if he wins a second term, even if the more moderate Conservatives on the bench vote against him.
In June, Trump erupted after the Supreme Court again dealt a blow to his attempts to reverse the Obama administration’s policies through regulation – comparing the statements to “ shotgun blasts ” against conservatives.
At the time, he made repeated references to his own reelection and demanded ‘NEW RIGHTS’ in court, after Chief Justice John Roberts joined liberals to thwart the government’s action.
The court had rejected his attempt to end legal protections for 650,000 young immigrants, an astonishing rebuke from the president during his reelection campaign.
The judges rejected the administration’s arguments that the 8-year delayed action program for the arrival of children is illegal and that courts have no role to play in reviewing the decision to end DACA.
Trump immediately threw defeat in personal terms.
Supreme Court Justices Samuel Alito, Ruth Bader Ginsburg and Stephen Breyer
“Do you get the impression that the Supreme Court doesn’t like me?” the president asked his Twitter followers.
Trump also made a pitch for his reelection and tried to reshape the court.
These horrible and politically charged decisions coming out of the Supreme Court are shotguns in the face of people who pride themselves on calling themselves Republicans or Conservatives. We need more judges or we’ll lose our 2nd. Change and everything else. Vote for Trump 2020! ‘ He wrote.
It was the second loss in a week after Neil Gorsuch’s 6-3 ruling that gay and transgender people are protected from being fired by federal civil rights law.
In another setback for the president, the court decided not to hear a case, a case from the Trump administration disputing California’s “ sanctuary city ” law.
The president now sees the vacancy in Ginsburg as an opportunity to avoid future defeats. by appointing an even more conservative voice than those who are already there.
US Circuit Judge Amy Coney Barrett, 48, a devout Catholic who takes a strong pro-life stance, is believed to be one of the front runners to be elected as a candidate for Trump.
Liberals fear her appointment would result in the lifting of the Roe v Wade ruling that legalizes abortion nationwide.