Tuesday 26 November 2019

A Threat to the American Supreme Court !

The Justices of the United States Supreme Court are appointed for a life term unless they decide to willingly stand down.  When a vacancy occurs it is the job of the President of the United States to put forward a nominee and have that person confirmed by a majority vote in the US Senate.  Such nominees are usually heavily influenced by the political outlook of whoever is holding office in the White House at that point of time.

President Trump was elected under the Republican banner and his choice of Justices is expected to favour a deeply conservative outlook.  Such was the fear when two of his nominees survived intense Senate questioning and were appointed to the nation's highest court.  They were Neil Gorsuch in April, 2017 and Brett Kavanaugh in October 2018.

The news that the courts oldest member has been admitted to hospital to treat an infection will be greeted with alarm across the United States.  Justice Ruth Bader Ginsburg is  eighty-six years old and is regarded as a " liberal " in her voting pattern.  Should Ginsburg die, or choose to stand down because of her health worries, the selection of her replacement would enable Trump to stack the Supreme court with a Conservative majority.

The possibility of another Supreme court vacancy comes at a time when Trump's hold on the presidency is in itself under threat and if he survives impeachment he will face re-election next year for another four year term.  Because Justices are appointed on a life term the flavour of the High court will persist for long after whoever is in office has vacated that post.

The pivot point on which the Supreme court may change America is its decision on a challenge to " Row versus Wade " which was decided on January 22, 1973.   The Supreme court ruled that state regulation of abortion was unconstitutional, and since then abortion has been freely available in America.  Republican convictions have been closing down that availability with the intent of seeking a review of that Supreme court decision.

A deeply conservative Supreme court would probably roll back many of the decisions that have encouraged women to seek careers in the workforce.  The question mark hanging over Justice Ruth Bader Ginsburg will give new urgency to the impeachment debate as liberal elements will seek to remove the president before the issue of a High court replacement becomes a reality.

In the distant past, the selection of incoming Justices saw the nominees face intense questioning during the confirmation hearings.   The decisions they had handed down in their lower court careers were carefully scrutinised item by item and they were directly questioned on their outlook on many issues.   Sitting presidents went to great lengths to choose candidates who would be acceptable to both sides of politics.

The constituency of the High court is now the imperative issue of Trump's last year in elected office. Whether the voters grant him another term is yet to be decided but the years of the Trump presidency may re-echo for long after his term ends as his influence is reflected in the decisions that the court hands down for years to come.

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