What the Trump Presidency Means for the Supreme Court Vacancy

Donald J. Trump has just become the President-elect of the United States. Now that’s something I never thought I would say.

Before I congratulate America on nominating an eloquent, deserving, trustworthy, demagogue in President Trump, we must not forget that his triumph vindicates Republican senators – who have filibustered President Obama’s Supreme Court Justice nominee in Merrick Garland – and as a result, will almost certainly lead to conservative(s) nominees. Yes, there is a possibility for Trump to elect more than 1 Supreme Court Justice. 

The Roberts Court should be so lucky. With the looming cloud of old age, Trump may be choosing more than just the successor of Antonin Scalia – Justice Ruth Bader Ginsburg is 83 and Justice Stephen G. Breyer is 78. Excluding the possibility that they take their personal health seriously, what is the likelihood of Breyer and Ginsburg – especially Ginsburg – making it through the next 4 years? As rhetorical as the question is, my answer is; “likely not for at least 1 of them.”

With Trump in office, we can assume that the Supreme Court will be back in full strength; tilting toward the right and keeping the progressive Justices to a bare minimum, while ultimately, cementing the Courts conservative legacy. But the ramifications of Trump appointing Supreme Court Justice(s) may result in severe negative outcomes – affecting landmark cases and previously set precedent over the last century. One being abortion.

Trump’s been widely acknowledged as a populist and demagogue – The man was a registered Democrat up to 3 years ago. And although I do believe half his ideals and stances on policies were spewed words that merely served to tap into the declining middle class (will never be fully implemented) he did say that it is a woman’s fault if she is raped and impregnated and deserves to be punished. I don’t know what kind of totalitarian government he thinks he is part of, but I’m going to call it what it is – that’s just blatantly stupid. Regardless as to whether Trump is as heavily right-winging as he claims to be, he will have to follow through on at least some of his promises – one being a conservative Justice who can be the deciding factor in overturning Roe. V Wade.

Trump’s Robin – in VP Mike Pence – has made his stance on issues like Gay Rights and Abortion very clear, while vocally stating his dissatisfaction with the ruling in Roe. V Wade. Although Trump himself may not be, his cabinet can be a great force in influencing their anti-gay, pro-corporate, pro-abortion policy agenda, resulting in turning back a 100 years of legislation; And appointing more than 1 Justice onto the Supreme Court gives them their best chance to do so.

The Supreme Court already has its 4 progressives and 4 conservatives (1 being Kennedy, the swing vote). When Scalia’s vacancy is addressed, the conservatives will have a 5-4 advantage, which the Courts are no strangers to. However, if any tragedies occur as far as our senior liberal members are involved, the dynamics of the Court will be at stake, with the left wing going to be at a considerable disadvantage – possibly resulting in a 7-2 ideology split.

In other words, no liberal stance on any of the ongoing cases or previously set cases in our country’s history will have a chance in being seriously considered – is it too early to wave goodbye to the progressive America we were so close in expanding?

I may be a little premature and pessimistic, but nonetheless, there is a forcefully paved road toward conservatism – if the Senate had just let sitting President appoint his Justice of choice, as is his right to do so, this would not be a great concern. However, the Republican’s and their agenda to impose their ideals on all people, in any way they seem fit, has especially surfaced throughout the primaries.

In the short term, the Supreme Court is poised to return to their conventional norms: leaning right, divided heavily, while constantly challenging previously set precedent. The appointing of a Supreme Court Justice to take the spot of the late Antonin Scalia, as well as possibly replacing liberal members of the Supreme Court, can result in a catastrophe – disregarding the liberal voice of America.

The aphorism of the Supreme Court is “equal justice under law.” But with a consistently right leaning panel, it seems to be more “do as we say, not as we do.” Donald Trump’s election represents the lost liberal opportunity and the instilling of fear for what comes next for our Supreme Court. 

Americans, now more than ever, should be heavily involved in their government’s decision-making in the political sector to avoid turning the block back more than they have. The voice of many Americans is in jeopardy if Trump’s appointees are influenced by his cabinet, while also having the possibility of electing more than 1 Justice during his term.