(AFP) – Donald Trump put three justices on the US Supreme Court during his first term in the White House, cementing a 6-3 conservative majority. The Republican president may not get a chance to name another. A seat on the top court requires Senate confirmation, and with Democrats taking control of the body in January, the window for Trump to replace any of the current justices is slamming shut. Judges on federal district and appeals courts are also subject to Senate confirmation, and a Democratic-controlled chamber is expected to put the brakes on Trump’s nominations of lower court judges to what are lifetime appointments.
As for the Supreme Court, retirement does not appear imminent for either of the justices considered the most likely to hang up their robes — 76-year-old Samuel Alito and 78-year-old Clarence Thomas. The New York Times, quoting “people close to” Alito, reported following Tuesday’s midterm elections that the staunch conservative, author of the opinion in the case that struck down the constitutional right to abortion, does not plan to retire immediately. The newspaper said Alito shared his plans with friends following the election, which saw Democrats seize control of the House of Representatives in addition to the Senate.
In an interview with Bloomberg Law published last month, Alito said he planned to remain on the court through its current session, which runs until June, and stressed that he does not “feel mentally or physically decrepit.” “I intend to stick around through this term,” he said. Thomas, also a staunch conservative, has given no indication that he plans to retire and would become the longest-serving Supreme Court justice in US history if he remains on the bench until May 2028.
Florida Governor Ron DeSantis, a potential Republican presidential hopeful in 2028, said the Democratic capture of the Senate makes it unlikely Republicans will be able to get a Supreme Court justice confirmed for the foreseeable future. “Chance of confirming a worthy successor to Justice Thomas and/or Alito during President Trump’s term: Zero,” DeSantis said on X. “Chance of confirming a worthy successor during a hypothetical (Republican president) admin 2029-2033: probably zero.” Ed Whelan, a conservative legal expert, agreed with the Florida governor, writing on his blog that “no Supreme Court justice is going to decide to retire during the last two years of Donald Trump’s presidency.”
“If a vacancy somehow arises, Trump will not be able to get a nominee confirmed,” Whelan said. The third and final Supreme Court nomination during Trump’s first term was that of Justice Amy Coney Barrett, a conservative jurist who was nominated to replace liberal stalwart Ruth Bader Ginsburg, who died at the age of 87 while still serving on the court. Thomas was nominated to the Supreme Court by Republican president George H.W. Bush and took his seat in October 1991. Alito was chosen by Republican president George W. Bush and joined the court in January 2006. The next oldest Supreme Court justice is 72-year-old Sonia Sotomayor, an appointee of Democratic president Barack Obama and one of the three liberals on the current court. Chief Justice John Roberts, a conservative nominated by George W. Bush, is 71 years old.
– Chris Lefkow
© 2024 AFP
