Imagine this scenario: It is January 20, 2025. Mike Pence has just been sworn in as president as Donald Trump departs the White House after two terms. And one of president Trump’s many legacies is a US Supreme Court with eight conservative justices.
Impossible? Not so fast. It could happen.
The Supreme Court has nine justices. Three of them today could be called ‘reliable’ conservatives – Clarence Thomas, Samuel Alito and Neil Gorsuch. Chief justice John Roberts is a ‘pretty reliable’ conservative. These four justices were appointed by Republican presidents.
One “swing” justice is Anthony Kennedy, who was appointed by Republican president Ronald Reagan. He has voted both ways depending on the individual case although he has tended to favor the conservative side in almost 30 years on the Court.
The four liberal, Democrat-appointed justices are Stephen Breyer, Ruth Bader Ginsburg, Sonia Sotomayor and Elena Kagan. They all vote liberal on big cases. There is no dissent. This is how liberals always operate. Interpretation of the law is irrelevant when political power is at stake.
Kennedy, who is 81, is expected to possibly retire within the next year. Good. And since Trump would appoint his replacement Kennedy’s “swing” vote would shift to ‘reliably’ conservative. This would give ‘reliable’ or ‘pretty reliable’ conservatives a strong majority hold on the Supreme Court for the next 10 to 20 years.
Now here are the other justices who could be replaced by a Trump appointee in an ideal scenario, from the most likely to be replaced, to the least likely:
Ruth Bader Ginsburg is a very frail justice who has Democrats permanently on edge. There is an informal ‘Ginsburg death watch’ among liberals. She is 84 years old and has had cancer twice, and has a stent in her heart. That’s not good for a lady who is just 5 feet 1 inch tall.
She was appointed by Bill Clinton in 1993. Ginsburg is a far-left justice. She even had served as general counsel of the American Civil Liberties Union. She is the first Supreme Court justice to officiate at a gay wedding.
If Ginsburg is forced to retire by bad health, or if she dies suddenly president Trump could get yet another conservative on the Court, giving us six conservatives in the Nikitas3.com ideal scenario when added to the Kennedy seat.
This would give us a ‘reliably’ conservative Court for more than 20 years which could overturn both gay marriage and unlimited access to abortion and make conservative rulings on every possible subject.
Nikitas3.com wondered for many years why Ginsburg did not retire during the Obama presidency, when her replacement would have been guaranteed to have been a liberal. But she certainly believed that Hillary would be elected and thus Democrats were defeated once more by their own arrogance and over-confidence.
Justice Stephen Breyer is another Clinton appointee, serving on the High Court since 1994. He is 79 years old. Breyer is very liberal and has expressed contempt for the 2nd Amendment. The NRA would be happy to see him go, as all conservatives would.
His age is worrisome to liberals – 79 is above the median age for a white male. Conservative justice Antonin Scalia died unexpectedly in 2016 at 79. If anything happens to Breyer, that would be more catastrophic news for liberals, i.e., 7 out of 9 justices could potentially be conservatives by 2025.
Justice Sonia Sotomayor: In his zeal to put the first hispanic and the first hispanic woman on the US Supreme Court, Obama may have made a big mistake.
With the ascension of Sotomayor to the High Court in 2009 Obama made a political statement but he did not consider extenuating circumstances – that Sotomayor has Type 1 diabetes.
In an unprecedented type of comment president Trump recently suggested that Sotomayor could be forced out due to her illness.
Sotomayor is only 63 years old and thus was expected to serve on the Supreme Court for many years to come. But diabetes is a serious illness, although Sotomayor has been living with it for decades. Her doctor says that she is fine, but nobody knows if that is true except Sotomayor and her doctor.
If Sotomayor were to step down for health reasons, that would be the loss of yet another guaranteed liberal vote.
In summary, if Kennedy, Ginsburg, Breyer and Sotomayor all left the Supreme Court before Trump’s presidency is over – leaving only justice Elena Kagan on the left side of the Court – that could very well give us 8 conservatives out of nine justices on the Court.
And even if we didn’t get to eight conservatives, five or six or even seven is entirely possible.
Then let us consider Clarence Thomas. This ‘reliable’ conservative black justice was appointed by Republican president George HW Bush in 1991. There have been rumblings that Thomas may retire.
Those old enough to remember recall the contentious Thomas confirmation hearings, with charges of sexual harassment that were never proven.
Thomas is only 69 years old and he is the oldest Republican-appointed justice besides Kennedy.
Nikitas3.com believes that Thomas will stay on the Court for many more years, and that the speculation about his retirement was being fueled by liberals and their media cronies who were hoping that he would retire since he is “reliably” conservative.
Justice Thomas seems to be enjoying his influence on the Court. And after Democrats and the media tried to keep him off of the Court during his confirmation hearings he certainly delights in provoking them with his rulings and would probably like to continue doing so.
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