Amidst all the flamboyance and colorful language of the Republican nominee, and the chatter over scandals weighing down the Democratic nominee it can be hard to remember exactly where we’re at with the direction of our country.
In choice verbiage, voters under the sunny skies of Los Angeles recently described an ugly election cycle with no candidate clearly less evil than the other.
Nationally we’re still trying to figure out who the winner will be.
But what of the Supreme Court of the United States (SCOTUS), and the impact the next president will have on shaping decisions that impact the law of the land from her forward?
Just one more thing — perhaps the most important — to consider ahead of heading out and declaring, “I voted!”
What a SCOTUS would look like under Trump
A conservative majority on the bench is likely under a Trump Administration, although who he would appoint is anyone’s guess. The real-estate tycoon released several names over the summer including conservative Utah Senator Mike Lee, a former clerk for Justice Samuel Alito who is a popular choice with Republicans.
The next president should nominate judges who have a demonstrated commitment to the rule of law, who will hold agencies to the limited scope of their authority, and who possess the internal fortitude necessary to defend the Constitution without being swayed by flattery or criticism,” Trump said at an October rally.
He would in all likelihood nominate someone whose conservative-libertarian view of authority would uphold Heller v. the District of Columbia, scrutinize Roe v. Wade, leave Citizens United v. FEC untouched while new hearings on the Fourth Amendment and transgender bathroom laws could also be influenced.
What a SCOTUS would look like under Clinton
“As a matter of constitutional law, the Senate is fully within its powers to let the Supreme Court die out, literally,” legal scholar Ilya Shapiro wrote for the Federalist. That means Sen. Ted Cruz of Texas could potentially follow through on his threat to join conservatives in the U.S. Senate to block any Hillary Clinton judicial nomination — especially if she remains under investigation for various political activities many deem to be criminal.
If Clinton got her way, however, and the late Justice Scalia’s ninth seat were replaced by a more liberal federal judge then a number of rulings may be impacted by the Supreme Court.
She has voiced support for President Obama’s nominee, Merrick Garland, as recently as the presidential debates. “I would hope that the Senate would do its job and confirm the nominee that President Obama has sent to them,” she said. “That’s the way the Constitution fundamentally should operate.”
A SCOTUS pick by Clinton would presumably be more inclined to defend and uphold Roe v. Wade ensuring the legality of abortion, while scrutinizing Citizens United v. FEC, and defend the rights of the LGBTQ community.
Several picks expected for the next administration
Many from both sides of the political aisle are suggesting that the SCOTUS will remain at just eight justices for the foreseeable future. Sen. Cruz says there’s a “long, historic precedent” for and even-numbered federal bench.
“It’s very likely that [Antonin Scalia’s] seat just stays vacant,” Ian Millhiser, of the liberal Center for American Progress Action Fund, recently told USA Today.
However, the 45th president could potentially impact the shape of federal law for years to come — Ruth Bader Ginsburg and Anthony Kennedy will be in their 80s, while Stephen Breyer will be 78 during the next president’s first term.