President-elect Trump is likely to have an opportunity to fill four vacancies in the US Supreme Court during his term in office.
And, unlike President Obama, he can expect to find his nominees endorsed by a Senate controlled by his own Republican party, Geoffrey Bindman QC writes in this week’s NLJ. Once appointed, Supreme Court justices are there for life or until voluntary retirement.
Following the death of Antonin Scalia, a conservative, in February, President Obama nominated Judge Merrick Garland, a moderate liberal. However, the Senate deferred the confirmation process pending the election, therefore it will be Trump who makes the decision. A further three justices are aged 83, 80 and 78.
Currently the justices are balanced between the liberal and conservative camps therefore a Trump appointment will tilt the court towards the conservative side. Bindman points out that until one of the elderly liberal judges is replaced, the court is likely to retain its liberal stance on social issues.
However, Bindman says the 1972 Roe v Wade ruling that an absolute prohibition of abortion by any state is unconstitutional is “unlikely to survive a Trump presidency”.
