Donald Trump

What the Election of Donald Trump Means for the Future of the Supreme Court

Trump's win has already impacted SCOTUS.

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Gage Skidmore / Flickr.com

The election of Donald Trump has already had a profound impact on the future of the U.S. Supreme Court. First and foremost, say goodbye to the nomination of Judge Merrick Garland, President Barack Obama's languishing pick to replace the late Justice Antonin Scalia. Senate Republicans have been stonewalling the Garland nomination for the past several months, but with the election of Trump, Garland's chances of being confirmed just dropped to absolute zero.

Get ready also to say goodbye to the unconditional liberal love affair with Justice Ruth Bader Ginsburg, aka the "Notorious RBG." Ginsburg is currently 83 years old. Over the past few years, a handful of liberal pundits and activists have been urging Ginsburg to retire now in order to insure that President Obama got to name her replacement. But Ginsburg refused to budge from the bench. Now the possibility of a Democratic president naming her successor is off the table until at least 2020. If Ginsburg retires or dies during Trump's first term, expect for her standing among liberals to plummet dramatically.

Finally, what is Trump himself going to do when it comes to Supreme Court vacancies? We know that Trump has released a list of 21 federal and state judges that he says he will consider nominating to SCOTUS. As I've previously argued, there are some impressive names on that list. But can Trump be trusted to stick to it?

Three months ago I reached out to a group of key figures in the libertarian and conservative legal movements and asked them whether the future of the Supreme Court was a good reason to support Trump in the 2016 election. The answers I got back were largely negative. "Trump is beyond the pale and there's no guarantee Trump's nominees will be any good anyway," said Jonathan Adler, one of the architects behind the 2015 Obamacare legal challenge in King v. Burwell. "There is something deeply contradictory about the notion of electing a power-hungry strongman on the theory that he'll appoint judges that respect and enforce constitutional limits on government," said Alan Gura, the constitutional litigator who argued and won the landmark Second Amendment cases D.C. v. Heller and McDonald v. Chicago before the Supreme Court. These folks care deeply about the Constitution and about the courts and they simply don't trust Trump.

One thing is certain: The battle over the future of the Supreme Court is about to heat up.

NEXT: Your candidate got more of the popular vote? Irrelevant.

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  1. …a handful of liberal pundits and activists have been urging Ginsburg to retire now in order to insure that President Obama got to name her replacement. But Ginsburg refused to budge from the bench.

    The list of liberal icons and faithful functionaries whose names are now mud grows.

    1. So Ginsburg is at least smarter than those pundits. Low bar, but good to see a USSC justice clear it easily.

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  2. Would love, love, love to see Justice Willett get the call

    1. Cosigned. I’ve had the chance to shake his hand a couple times, and he always, without fail, comes of as the most gracious person in the room. He’s also quite intelligent, but doesn’t really flaunt it like many judges do.

      1. Hopefully he will do what needs to be done to counter some of the “free speech” baloney we keep hearing about from politicians and lib-tard reporters. I have been saying for some time now that the next administration must enact the will of the people and curtail, with whatever means necessary, some of the “expressive” language fouling the air of our great cities and our electronic lines. Surely no one here would dare to defend the outrageous “First Amendment dissent” of a single, isolated judge in America’s leading criminal Troll and “satire” case? See the documentation at:

        http://raphaelgolbtrial.wordpress.com/

        That documentation points precisely towards the direction our nation must take to become great again; not even the lib-tard New York Times would dispute the enormous value of the efforts of Manhattan prosecutors in this regard. One must hope that Willett will come out and directly address this key issue.

        1. Brief summary or GTFO.

    2. Agreed here too. Haven’t met the man in person, but having read some of his work, and followed his Twitter feed, I gotta say, he’s good.

  3. Jesus. I just pointed out to a friend that the markets are not crashing after all.

    His response?

    “I think the recent speeches by Clinton and President Obama helped”

    1. Paul Krugman: The Economic Fallout

      It really does now look like President Donald J. Trump, and markets are plunging. […] If the question is when markets will recover, a first-pass answer is never.

      1. “We have decided to stop trying to make money.”

        -Wall Street.

        1. I lol’d

      2. Krugman is such a douche.

      3. Well, either never, or already.

      4. Proven wrong in less that 24 hours.

        Is that a new record for Krugnuts?

        1. Less than 12 hours!

        2. Well, he was given his Nobel in 2008; in his entire career as a full-time hack, he’s never had to deal with such defeat. So it doesn’t seem unlikely.

          This is your brain.

          This is your brain on politics.

        3. Dude hasn’t a shred of dignity left. Sad!

        4. No, you are forgetting all the times he was wrong in the first place.

          1. Watching Krugman do predictions is like watching someone with a very short temper play QWOP. It’s hilarious to watch him end up ass over elbows and loudly start naming scapegoats for his inability to get off the line (or actually manage to go backwards). We need to load him into an ICBM and fire him to Venezuela where his economics predictions will do the least harm (they’ve already got their own Top Men).

              1. You have all those fucking electoral votes and won’t give me any! This race is the slowest fucking thing I have ever seen. Hillary should have had her coronation immediately. Not this fucking waiting game. The media told me that she was fucking nine points ahead! Nine points! You don’t get to rebuke Her Highness unless I fucking win!

      5. What a crybaby.

      6. How tiresome. It has been shown time and again that whomever is elected President has no significant effect on the stock market.

        1. This. It amazes me how many people can’t wrap their heads around the fact that Wall Street manages to make money *in spite* of government intervention, not because of it. That the health care market in the last four years hasn’t taught them anything about heavy regulation is just mind boggling.

          1. you fail to account for the fact that Wall Street and their DC minions have a large influence on new laws and regs that are custom tailoured to make things better for Wall Street and the Banksters. No wonder they mane money even when the earth turns backward round the sun……….

      7. Krugman? The guy who sold his academic credential for a fat paycheck at the NYT being a shill for the proven failure of Keynesian policy. The guy who said early in GWB first term that deficits of $250 billion would kill the economy then argued that more deficit spending was needed during Obama’s first term when deficits exceeded 1 trillion. He is now in lock step with that “great” economic mind of Dick Cheney that deficits don’t matter.

    2. They think the Fed found an excuse to keep the money spigot on past December.

      1. Bingo

        The markets are on their own schedule for the time being. But rest assured, any drop will be solely the fault of Trump and the massive bubble that has been building over the last 8 years will be completely ignored.

    3. ^ The delusion is great in this one.

      1. That was meant for “I think the recent speeches by Clinton and President Obama helped”

    4. Would your friend be interested in purchasing this tiger-repelling rock from me? Only $2500!

      1. +1 Lisa, I want to buy your rock.

  4. Trump is such a compulsive bullshitter it’s impossible to really predict what he will or won’t do.

    That being said, he’s been pretty consistent in his love for eminent domain so I doubt he’ll pick anyone with respect for the Fourth and Fifth Amendments.

    Nor am I really sold on him protecting gun rights. Who’s to say he wouldn’t pick an anti-2A judge if that judge is more likely to side with the government on issues like ID or police powers?

    1. This assumes he knows anything about these judges and wasn’t just handed a list. He will choose whatever Mike Pence tells him to choose. Let’s not forget we still have Paul in the Senate to fight a big government judge.

    2. Given he also thinks using the no fly list to strip people of 2nd Amendment rights is a good thing, I too bout he’ll be as pro-2A as he’s claimed.

  5. “There is something deeply contradictory about the notion of electing a power-hungry strongman on the theory that he’ll appoint judges that respect and enforce constitutional limits on government”

    HAHAHAHA! But “libertarian” Trumpsters just did. Vhat a country!

    1. I bet it’s been a real tough day for you.

      *gives AS a cookie.

      1. you know what happens if you give a socialist (or a bear) a cookie, don’t you?

        1. They can smell your period blood?

        2. Gulags.

        3. Wait, is Hitler one of the answers?

          Something says Hitler is one of the answers.

          1. National Socialism isn’t really socialism! /derp

        4. It’s all fun and games until you run out of cookies.

          1. It’s all fun and games until you run out of OTHER PEOPLE’S cookies, you mean.

      2. I have it on good authority that what retards like AS are after is cake, not cookies. And they will resort to violence.

    2. Please consider voluntarily deporting yourself up to Canadia. I hear they have a lefty Prime Minister and “free healthcare” up there.

      1. Sort of on topic: one of the things I cannot stand about all of these lefties promising that they will move to Canada is that they don’t.

        1. free plane rides are being offered

      2. Why do you hate Rufus?

        1. “Why do you hate Rufus?”

          I’ll trade a 1,000 angry Lefties for Rufus and his entire family. …. Ok, ok, make it 5,000.

  6. Ginsburg should literally flip off the left and retire. Live up to her moniker.

  7. Ginsburg should literally flip off the left and retire. Live up to her moniker.

  8. All year I’ve had to hear from giddy little progressive how Trump is destroying the republican party, the GOP will never win another election because its only straight white males, and where do the republicans go from here.

    My facebook feed last night further proved they are even more juvenile than that.

    So smart-asses who only get your news from the daily show and Vox, where do the democrats go from here? They have been wiped out stateside, don’t controll congress, and soon won’t control the supreme court. Chew on that you toddlers.

  9. Ginsburg should literally flip off the left and retire. Live up to her moniker.

  10. God…damn…server rats.

    1. AGW is making them more active than ever.

      1. I blame it on Trump! /derp

  11. “Trump is beyond the pale and there’s no guarantee Trump’s nominees will be any good anyway,” said Jonathan Adler”

    But there was an absolute guarantee that Hillary’s picks would have been all bad.

    Possibly not good is better than absolutely guaranteed bad any day.

    1. THIS x1000. The only reference to the word “Constitution” in the whole friggin’ race was Trump. Yes, it was facile and probably thrown in as a talking point, but its the only scrap on a famine-plagued table.

  12. The Supreme Court, more than anything else, is why I was so fucking grateful to see Clinton lose.

    1. Fuck people who stayed home, wrote in Bernie, or left the President choice blank (My Father.) even more.

      Daddy issues on Jezebel? Unbelievable.

    2. And there’s also Fuck Jill Stein, Too and Fuck Everything and Blame Everyone. It’s like a really good brunch buffet over there, one of those classy $50 a plate ones with the nice prime rib and the eggs Benedict.

    3. Dumb and angry ain’t any way to live, Ellie.

      1. Have you not read Jezebel before?!?!?!

    4. Okay Ellie, and if you hadn’t been broadsided last night by an alternate reality, you’d be saying the same thing.

      But yeah, we already knew it: libertarians actually control everything.

    5. I srrsly doubt she would actually want to fuck Gary Johnson. Jezebels, they’re such teases, no?

    6. We see you, and we won’t forget this.

      Sometime in the near future, the good people left in this country will need to rise above vindictiveness in order to adequately face what’s about to happen here. Our fury will need to widen far past one bumbling, athleisure-clad narcissist and his delirious left-wing counterpart in order to become productive. Not today, though.

      You know what they say about bitches holding grudges.

    7. Almost every comment is fun to read, but I like the ones like this the best:

      smartcookiex
      Little Miss Scatterbrained
      11/09/16 11:34am

      Libertarians supposedly stand for social liberties. Letting Trump win over that is abhorrent….it’s basically saying gay marriage and women’s rights don’t matter.

      1. Which is pretty funny because specifically those two issues appear to be ones that Republicans suspect Trump of being squishy on. He appears to give absolutely zero fucks about either of them. Your marriages and choice to have abortions are safe from him at least.

        His SCOTUS pick could be dangerous to those liberties, but I kinda doubt it. He seems exactly the kind of egotistical prick to make a choice that Republicans aren’t completely happy with and force them to accept it by nominating nobody else. Congress does have a choice on confirming a judge, but they don’t get to name anyone themselves.

    8. Why didn’t you guys just make third parties illegal after 2000 if they’re so terrible? Fuck, why didn’t you guys do ABSOLUTELY. ANYTHING. about this problem when it happened sixteen years ago? I’m repeating myself but I haven’t heard a single goddamn argument explaining it. Libertarians can’t pass laws, they don’t have seats, so why didn’t the Dems do something to fix a glaring issue with our electoral system?

      I can see your true colors, shining through….

    9. Idealogically, most libertarians would go democrat after libertarian.

      I know it sounds counter intuitive, but logic is:

      Libertarians are typically pro civil-liberties, anti government involvement.
      Democrats are typically pro civil-liberties, pro government involvement.
      Republicans are typically anti civil-liberties, anti government involvement (sort of, certainly not where where civil liberties are concerned).

      With that in mind, on an issue (like legalized weed, for instance), we have L – “legalize it, keep government out of it”, D – “Legalize it, tax it, FDA it, etc), and R – “Don’t legalize it, have the government severely penalize anyone who produces it”.

      A libertarian would certainly prefer the first, but they’d probably go with the second over the third.

      1. Idealogically

        Idealogically

        Nice

      2. It’s like economics, guns, and foreign policy don’t even exist!

        1. Guns? Civil liberty? Civil people don’t own guns, silly buns.
          Plus, it infringes on my right to feel slightly safer.

    10. The Slot? Come on. That’s a joke site.

    11. SF, why did you need to induce me to waste a minute of my life that I will never get back reading that tripe? That the person responsible for that illiterate silliness actually attached her name and picture to it is astounding.

  13. I want to know What the Election of Donald Trump Means for the Future of Shikha Dalmia. Will she self deport? Will she move down to the Tex Mex border to build the wall from the other side?

  14. If you’re still searching for the saltiest, most prodigious of prog tears, here’s a strong candidate from the vile little leftists of Gawker:

    http://theslot.jezebel.com/fuc…..1788736643

    Actually, you can just click around the Gawker sites (hazmat suit required, of course) and bathe in the flood of tears. Warms my heart like you wouldn’t believe.

    1. fuckin A, I’m a minute late and a dollar short again.

    2. Blame white people. Blame white men in particular, but reserve plenty of blame for white women. Blame old people, too. Blame rich people, as always. Blame the public at large for Donald fucking Trump getting more votes than Donald Duck. Democracy enacts the will of the public; this is what the public wants.

      Delishus tears. I know they’re just bitter and lashing out but do you think they’ll learn anything from this? The answer is no. They will learn nothing.

      1. Blame rich people
        Didn’t rich people break pretty hard for Pantsuit?
        I know, I know, grievance mongering will not be constrained by inconvenient hatefacts.

    3. There are some pretty derpy tantrums on the other end of that link we may be approaching peak-derp.

      Violet Baudelaire for Hillary: And you didn’t even get your fucking 5%, you assholes. You ruined it for everyone and you did it for nothing.

      But even if you had… what the fuck were you going with it? There have been 4 third party candidates in the last 50 years to get 5% of the popular vote. Where are they now? Where are their parties? Why don’t we have more than 2 yet? Even the people getting 5% of the vote aren’t making any sort of lasting fucking difference like you claim they will.

      You’re a bunch of smug assholes who want to feel like they’re special, different snowflakes and not just the type of DBs who always say shit like “Well, just to play devils advocate…”
      .

      If Hillary had won it would have been “the people have spoken!” But as things worked out they can only howl with rage at the people who “stole” their election.

      Those prog tears sure are delicious.

  15. Can Donald Trump be trusted?

    No. Fuck no. And it may be the best thing about this outcome. He will be scrutinized to an extreme degree.

    1. Government must have limits!

      1. Tree of Liberty, ProL.

        Wink, wink, nudge, nudge…

    2. We still have a divided government. The Republican Party controls the House and the Senate, and The Donald controls the White House.

  16. Someone needs to make this about Clinton v. Trump, it’s a perfect analogy

    https://www.youtube.com/watch?v=bP0brMrR_QE

    1. Gul Dukat is Podesta, Trump is the Defiant.

      “The Defiant…. our re-enforcements must be just behind”

      / wormhole closes

  17. RE: What the Election of Donald Trump Means for the Future of the Supreme Court
    Trump’s win has already impacted SCOTUS.

    It doesn’t matter who won regarding the SCOTUS.
    I doubt either candidate is wise enough to pick a candidate for that position that is worthy of sitting on the court. Plus, I wonder if candidate knows what the US Constitution is.

  18. Maybe Trump will see the Supreme Court as a nice part time gig for his kids?

  19. NAPOLITANO!!!
    NAPOLITANO!!!
    NAPOLITANO!!!
    NAPOLITANO!!!
    NAPOLITANO!!!
    NAPOLITANO!!!
    NAPOLITANO!!!

    1. NAPOLITANO???
      NAPOLITANO???
      NAPOLITANO???
      NAPOLITANO???
      NAPOLITANO???
      NAPOLITANO???
      NAPOLITANO???

      1. Was that Andrew or Janet?

  20. “Trump’s win has already impacted SCOTUS.”

    His elections induced heart attacks in all the Justices on the left.

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