President Trump tweeted this morning, "I have made my decision on who I will nominate for The United States Supreme Court. It will be announced live on Tuesday at 8:00 P.M. (W.H.)"
Over the weekend, the WSJ had an editorial titled Trump's Supreme Choices, noting, correctly, that attacks on Judge William Pryor from the right flank are unwarranted. Judge Pryor properly followed binding Supreme Court precedent in a transgender case. Earlier, as Attorney General, he properly enforced the law against Alabama Chief Justice Roy Moore's Ten Commandments shenanigans. "Since when do conservatives want AGs and judges who disdain the law in order to get the policy result they like?" A few do, unfortunately, but far fewer than on the other side of the aisle. The WSJ also notes that Judge Neil Gorsuch would also be a solid pick.
Adam Liptak has an article in the NYT titled "How a Trump Supreme Court Pick Could (or Could Not) Sway Cases."
Over the weekend, the WSJ had an editorial titled Trump's Supreme Choices, noting, correctly, that attacks on Judge William Pryor from the right flank are unwarranted. Judge Pryor properly followed binding Supreme Court precedent in a transgender case. Earlier, as Attorney General, he properly enforced the law against Alabama Chief Justice Roy Moore's Ten Commandments shenanigans. "Since when do conservatives want AGs and judges who disdain the law in order to get the policy result they like?" A few do, unfortunately, but far fewer than on the other side of the aisle. The WSJ also notes that Judge Neil Gorsuch would also be a solid pick.
Adam Liptak has an article in the NYT titled "How a Trump Supreme Court Pick Could (or Could Not) Sway Cases."
Most of the article deals with civil cases. I was amused by Liptak's assertion regarding the Obama Administration's global warming regulations. "Once the court's conservative wing is back at full strength, environmental groups will have reason to be nervous." Without taking a position on the underlying issue (which is outside CJLF's scope), I think those who favor these regulations already have cause to be more than nervous, but it comes from 1600 Pennsylvania Avenue, not 1 First Street. Those regs won't make it back to SCOTUS.
Liptak concludes:
Liptak concludes:
Another vacancy during Mr. Trump's presidency is entirely possible. The three oldest members of the court are Justice Kennedy, who is 80, and the senior members of its liberal wing, Justice Ruth Bader Ginsburg, 83, and Justice Stephen G. Breyer, 78.With regard to the death penalty (not touching the other two with a 10-foot pole), I doubt that we will see much outright overruling from a more conservative Supreme Court, but the high court can and should slam the brakes on fabricating any more new restrictions on the pretense of "interpreting" the Eighth Amendment. Stability is what we need to achieve justice in the very worst murder cases.
Should Mr. Trump have the opportunity to replace one of those three justices, the court would in all likelihood be transformed into one with a solid five-justice conservative majority. It would enter a new phase, and liberal precedents on abortion, the death penalty and gay rights would be at risk.
Indeed, a second appointment to the Supreme Court could be Mr. Trump's most lasting legacy.
Gay marriage is going nowhere. Whether or not the decision was right or wrong, the bottom line is that there are vested rights at stake. Those cannot be undone without doing serious damage to our polity.
Liptak has to know this, and it's irresponsible for him to lump that in with abortion and the death penalty.