Sunday, July 02, 2017

New Order In The Court

How Gorsuch is changing the Supremes:
The problem isn’t so much Justice Gorsuch’s judicial ideology, which is so far unsurprising. Presidents choose justices who they believe will rule in a way that aligns with their own views, and right-wing groups had long ago flagged Justice Gorsuch as a reliable conservative. He would surely have been a top choice of many Republican presidents. The problem is that he’s sitting in the seat that by rights should be occupied by Judge Garland. Had Mr. Garland been confirmed, the court would have had a majority of Democratic-appointed justices for the first time in almost half a century.

Instead, the court is back to a Republican-appointed majority, the consequences of which will only become more apparent next term, when the court is scheduled to hear high-profile cases involving partisan gerrymandering, Mr. Trump’s travel ban and religiously based challenges to anti-discrimination laws that protect same-sex couples.

The conservative majority will grow even stronger if more justices retire during Mr. Trump’s term, a very good possibility. At that point, the president and Senate Republicans — who destroyed the filibuster for Supreme Court nominees in order to confirm Justice Gorsuch — will be able to put anyone they like on the court.
And so could a liberal President with a majority. But at least Gorsuch seems interested in actually following the law.

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