Supreme Court Agenda in the Trump Era? A Justice Seems to Supply One
After trumps recent win in the presidential election, he has released a list of potential supreme court nominees. Despite the assumed negativity of the presidency, many were satisfied with Trump's choices at Scalia's memorial meeting. Supreme court justices discussed ambitious plans now that the supreme court will once again likely be dominated by republicans. Justice Anthony M. Kennedy still, however, has held the decisive vote. If Trump however decides to replace some of the older democratic justices the court will be dominated by the conservative Legal movement. This has caused what seems to be somewhat of an agenda coming from the republican side of the court. This became apparent when conservative justices shared their plans. one justice, Clarence Thomas, made it clear that he wanted to focus on the first two amendments. He suggested that the only conservatives could protect these rights. Similarly to trump, Justice Alito expressed is disdain for perceived political correctness. he spoke about the diminishing value of free speech American citizens have. He also addressed the discontent he shared with trump in terms of being overly politically correct and the effect that it has on people. He alluded to students on campus "On college campuses, both public and private, a new orthodoxy rules," brought up that a conservatives students opinion would not go over well with the rest of the campus. He also expressed his fears of proposed amendments to the first amendment as they would give more rights to the press as oppose to the people. At the conclusion of the meeting the audience applauded him for his analysis on the constitutional fault line.
1) What effect will a republican majority have on the house?
2) Will a republican majority throughout our government help or limit our countries progression?
3)Which justices do you think Trump will most likely nominate and why?
I think that the incoming Trump administration is going to change the direction that America has been going for the past 8 years. Whether this ends up being good or bad, only time will tell. Trump has entered the political landscape at a time where it is quite volatile, which is especially true when considering the Supreme Court. Trump's expected replacement of Scalia won't really have that much of an impact until Democratic justices leave the court, since Scalia was a conservative and Trump will most likely replace him with a conservative. If Trump has his way, and older justices leave the court due to age, we could see a major shift in American philosophy on social issues and the Constitution, whether it is by overturning notable court cases, or setting new precedents which will affect the future.
ReplyDeleteI think it's important to realize that filling Scalia's vacancy will not cause any Supreme Court shift, because if anything, the new justice might be more liberal in terms of things such as individual rights. Scalia was consistently the most conservative judge on the panel, so replacing him with another conservative would restore the old balance. However, Trump will still most likely have the chance to have a huge impact on SCOTUS later in his presidency. Justice Kennedy is currently 80 years old. If Trump gets to appoint Kennedy's successor, the balance of the court would significant shift. It's important to note that Trump will most likely appoint a younger conservative, who would be able to serve for a longer time.
DeleteWhile I agree with Jason's statement that the court will not change much with Scalia's replacement, it is important to identify the other potential vacancies. Stephen Breyer is 78, and Anthony Kennedy is 80, and most importantly, Ruth Bader Ginsburg, the most liberal justice is, 83 and is diagnosed with pancreatic cancer. This presents the possibility of Trump replacing all 3, giving the conservatives a massive 7-2 advantage in the courts. This could potentially become one of the largest conservative majorities ever in our political system as Trump's appointments would guarantee a majority in the supreme court to go along with the already conservative legislative and executive branches.
DeleteA Republican majority in the House will allow Trump to more easily pass his plans. A republican majority will also be more willing to pass Trump's justice nominees. A more conservative movement will probably start sweeping the nation through Acts and court cases
ReplyDeleteTo build off of what Gray said, a Republican majority in the House will lower the amount of gridlock we have. With a Republican House, president, and Senate, we can presume that there will be a lot less blockages in the government, as the agenda will be more Republican favored. Because of this, my prediction is that with a Republican majority our country will get a lot more done due to less opposition and gridlock. As far as progression goes, I'm not so sure, as Trump's campaign slogan was "Make America Great Again", meaning going back to the past.
DeleteA Republican majority in the government will definitely have an effect on the progression of the United States. Democrats are guaranteed to have a harder time getting legislation passed in favor of progressive ideas. We may even see the repeal of some key legislation that has defined American progession in recent years. However, ultimately, these leaders still need public support to make any significant decisions, which they will likely not gain in the near future, and not before the next election.
ReplyDeleteI agree that the Republican majority will effect the ability for the Supreme Court to decide on progressive cases. Moreover, I agree that Democrats tend to have a harder time passing progressive legislation. I think that based on what Justices Thomas and Alito have said, it is quite possible that cases surrounding the first and second amendment could instill precedents that repeal past rulings. Furthermore, a Republican majority in the Supreme Court would maintain America's current conservative values and most likely prevent any drastic changes.
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DeleteCertainly a Republican majority, in the legislative, judicial, and executive branches, will diminish gridlock. The supreme court nominations are the most important, however, because the justices serve for life. Regardless of who Trump selects for the open seat, conservative strict constructionism will become the norm. Judicial activism will likely diminish, which does limit social progress in our nation.
DeleteThe Republican majority in the government will definitely help our country's progression. There would be less gridlock and thus more policies will pass more easily. Trump will also likely choose a conservative judge to replace Scalia since Scalia was conservative. He will appoint a judge with similar ideology as him.
ReplyDeleteTrump is choosing judges who fit the mold of Scalia in order to appease the many Republicans who seek a judge with a more strict interpretation of the Constitution. With a more conservative judge on the bench, more progress will be made in the government, since the ideologies of the three branches are the same.
DeleteWith a republican majority in the house it will become increasingly hard for Democrats to gain a foothold and pass any liberal laws. However, with the trend that the opposition party to the president usually gains control during the mid-term elections I believe that there will be a Democratic controlled House/Senate during the 2018 mid-term elections. I believe that the Republican majority will help get some things done during Trumps presidency as there would be less gridlock in Congress, although the Republicans still do not have a filibuster proof majority.
ReplyDeleteI agree in that, naturally, the Republican majority cannot last. But what intrigues me is the proposition to alter the first amendment. After all, it is one of the most fundamental documents in the Bill of Rights. I do not see how changing it would improve anything. I see how it might just diminish people's faith in government as a whole. Changing that vital of a document could create serious doubts in people's minds about government and the way it functions
DeleteI agree that the Republicans will loose the legislative branch, however, the Republicans maybe be able to inflict lasting damage before 2018. Replacing Scalia with a conservative will not be detrimental as there was a balance of liberal and conservative judges before his passing. Hopefully, RBG doesn't retire as Republicans may be able to establish a long-term conservative majority in SCOTUS.
DeleteI agree with what Rohan had stated above. I think the Supreme Court nomination process is a lot more serious and potentially controversial than everyone thinks. Although it may seem that Trump will only elect one justice, many of the liberal justices on the court are very old and as Rohan mentioned sick. It is not unlikely that Trump could be making more than one Supreme Court nomination. If this is the case, that would mean that both Congress and the Supreme Court would be dominated by the Republicans which I think would give the Republicans a huge advantage in policy making and make it very difficult for the Democrats to pass any legislation.
ReplyDeleteAdding on to what Victorya said, whoever Trump nominates will serve for life, and will be apart of crucial court cases that can directly impact our lives in the future. Although it appears as if passing legislation will be easy the next four years due to the shift in power, I feel as if many people's voices will not be heard, as I predict the country to steer towards a more conservative direction. What is a major benefit for the Republican Party, and might fix Washington's gridlock problem, is a loss for the Democrats.
DeleteIt is very likely for president Trump to elect more than one justice to the supreme court during his term and such would bring monumental changes in both the house and the progression of the country. With high probabilities in Republican control over the supreme court, Republicans would hold power in all branches of government. While this may sound like bad news for liberals, this would open ease in passing legislation and thus progressing our country toward a goal. Though it will seem like the opposite of progress to Democrats, having Republicans control the supreme court would help solve grid lock and hasten the policy making process.
ReplyDeleteA Republican majority in the House would primarily have an impact on fiscal policy, as they could have more control over key financial committees, such as the Ways and Means, Finance, and others. In this way, more fiscal policy could be made by the Republicans (as budget-related bills must be started in the House.)
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ReplyDeleteI think conservative progress will be accomplished with Trump's picks, however I don't know if that is necessarily progress, especially in the realm of social issues. It will be interesting to see how conservative his picks truly are.
ReplyDeleteI think that a Republican majority in the house would be detrimental to the future of this country. The only thing still keeping a lot of Americans together is the fact that Trump can't make all his decision on his own. But with the majority of the House being Republican, it is highly likely that he could get his ideas and bills passed.
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