Major Changes to Supreme Court Under Next Presidential Administration


Over at SCOTUSblog, they posted on Friday about the Supreme Court ramifications of the 2008 presidential election. It looks like the next president will definitely have the opportunity to replace Justice Stevens (who is 87 years old) and Justice Souter (who is 67 but reportedly interested in leaving the bench). He or she might also have the chance to replace Justice Ginsburg (who is 74). A strong liberal, Ginsburg would allow a Democratic president to replace her, but would try and hold out until 2012 if a Republican won the White House. SCOTUSblog raises and then dismisses rumors of Ginsburg’s poor health.

The court has already shifted right during Bush’s tenure — replacing Rehnquist with Roberts meant little because both men were/are devoted conservatives, but replacing O’Connor with Alito was a major ideological shift. Abortion, for example, went from being reasonably well protected to being on a path to a death by a thousand cuts. If two or possibly three moderate-to-liberal members of the court were replaced by a Republican in the next presidential term, the result would be disatrous. Even a Democratic Senate wouldn’t be able to stop the country from a multi-decade tilt to the right. Major ramifications would be in store for gay rights, environment regulations, controls on executive power, and many other things. Roe wouldn’t have a snowball’s chance in hell.

As if we needed any more reason to throw the GOP out of the White House…

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