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Trump's Potential Appointments Could Cement Conservative Supreme Court for Decades

 November 7, 2024

Donald Trump's potential to shape the U.S. Supreme Court could have long-lasting effects, with the possibility of appointing two additional conservative justices if granted a second presidential term.

In a second term, Trump may be poised to further bolster the conservative majority on the Supreme Court, influencing crucial rulings on contentious issues such as abortion and immigration policy for decades, as the Associated Press reports.

During his first term, Trump appointed three justices to the nation's highest court, significantly shifting its ideological balance.

Now that he has been re-elected, Trump may at least have the opportunity to nominate successors for Clarence Thomas, 76, and Samuel Alito, 74, who are speculated to consider retirement.

Potential Retirement of Senior Justices

Both Thomas and Alito have been pivotal figures in the Court's conservative bloc. These justices have been contemplating retirement, a move that would pave the way for new appointees under Trump.

The speculation about their retirement includes potential strategic staggering to ensure a seamless transition and maintain the court's operations smoothly.

This consideration is particularly relevant given the historical context provided by Justice Ruth Bader Ginsburg's tenure and its controversial conclusion.

Renowned conservative lawyer Ed Whelan has articulated concerns that Justice Thomas should retire prior to the 2028 midterm elections, underscoring the potential for a change in judicial philosophy akin to the post-Ginsburg era. Ginsburg's death allowed Trump to appoint a successor, Amy Coney Barrett, thereby solidifying a conservative majority.

Impact of Conservative Appointments

The conservative composition of the court under Trump's appointments -- Barrett, Neil Gorsuch, and Brett Kavanaugh -- has already influenced significant judicial outcomes. These justices were integral to the decision to overturn Roe v. Wade, among other significant rulings.

Beyond abortion rights, the Supreme Court has, under its current conservative majority, expanded gun rights and curtailed affirmative action in college admissions processes.

The court has also placed checks on the Biden administration's climate change initiatives and federal regulatory powers, illustrating the broad swath of policy areas impacted.

As contentious issues like emergency and medical abortions continue to arise, the conservative leanings of the court will inevitably play a critical role in shaping national policy.

Lasting Effects on Immigration and More

Trump's appointments have also left an indelible mark on immigration policy.

His attempt to dismantle the Deferred Action for Childhood Arrivals (DACA) was initially thwarted by the Supreme Court, illustrating the high stakes of these judicial appointments.

The court's past approval of Trump's travel that ban critics said targeted Muslim countries remains a vital part of his policy legacy, one some worry he may look to revive if given another term. Immigration policies remain under scrutiny by a conservative court, further underscoring the long-term impact of judicial appointments.

In selecting potential nominees, Trump would likely draw from a vast pool of federal appeals judges he appointed, many of whom previously clerked for Thomas and Alito. This cadre of judges is positioned well to continue the judicial philosophy that Trump has championed.

Trump's continuing influence on the judiciary underscores not just the importance of these appointments but also their potential to shape American jurisprudence for generations.

Observers will keenly watch the unfolding narrative, aware of the profound societal implications at play.