What Does Trump’s Win Mean for the Supreme Court?
Although the vacancy left on the Supreme Court by Justice Antonin Scalia’s passing—and judicial nominations more broadly—didn’t play as big a role in the campaign as leaked videos and emails, this issue is now at the forefront of the new administration’s transition plan.
So, what does a Trump presidency mean for the Court?
At first glance….
- The Merrick Garland nomination is dead, and Senate Republicans’ strategy of not even considering Garland worked.
- Anthony Kennedy will almost certainly continue to be the “swing justice” on most controversial issues.
- An open question is what happens when Trump realizes that the sorts of judges he’s been advised to appoint would rule against him on various matters.
- If you live by executive action, you die by executive action—which means that many high-profile cases looming on the Supreme Court docket will simply go away.
