February 13, 2025

The danger of a Trump majority in the Superme Court

The Nation - Trump’s reelection gives the Republicans a chance to do something even more extreme with the Supreme Court: to make their judicial control permanent. Backed by a healthy majority in the Senate, the Republicans can swap out their oldest justices for younger blood, entrenching their dystopian view that the Constitution confers unlimited rights to gun owners and nobody else. And if the feckless gods decree that one of the Democratic justices should succumb to the ultimate law of nature during the next four years, the Republicans will be able to appoint their replacement as well, giving them a 7–2 majority.

In the case of either of these events, the Supreme Court will not just have a Republican majority by 2029, when Trump leaves office; it will likely have a Trump majority. Trump is now poised to become the first president since Franklin Delano Roosevelt to have appointed a majority of the justices on the Supreme Court. His justices will outlive him, and their impact on law and policy will outlast whatever temporary tragedies Trump brings forth through his executive orders.

 

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