Staff Reports
President-elect Donald Trump is on the verge of an opportunity that could reshape the Supreme Court for decades. With a second term secured, the prospect for him to further entrench the court’s conservative majority looms large. Several justices sitting on the high bench are approaching retirement age, and a Republican in the White House presents a tempting chance for them to secure their legacies by appointing likeminded successors.
Chief Justice John Roberts has just hit the big 7-0, while Justices Samuel Alito and Clarence Thomas are 74 and 76, respectively. This aging lineup suggests that it’s only a matter of time before at least one decides to hang up the robes. While this would keep the current 6-3 conservative majority intact, it opens the door for Trump to add fresh conservative faces to the bench, prolonging its influence.
I assume high on President Trump's agenda is nominating three Supreme Court justices to replace those appointed by Presidents George H.W. Bush and George W. Bush: Clarence Thomas (76), Samuel Alito (74), and Chief Justice John Roberts (70). This move would secure a… pic.twitter.com/gv8hPMnOsf
— Tommi Lindfors (@Tommi_Lindfors) November 6, 2024
If both Thomas and Alito decide to retire during Trump’s term, it could be a historic moment. That would not just add to the ranks of justices Trump has appointed but could lead to Trump securing a formidable 7-2 conservative majority. Political observers are whispering that the potential replacements might be even more conservative—and significantly younger—than their predecessors. There’s chatter that names like James Ho and Kyle Duncan could step into those roles, bringing a renewed vigor to the court.
Speaking of the confirmations, with Republicans recently regaining the Senate majority, the process of appointing conservative justices is poised to be as smooth as a well-oiled machine. Chuck Grassley is rumored to reclaim his seat as head of the Senate Judiciary Committee. That spells trouble for anyone hoping to slow down the march of conservatism in the judicial system. The left is already sweating bullets about how the scales of justice could tip further in their favor, especially with Trump prepared to fill not just Supreme Court vacancies, but also positions on lower federal courts.
Meanwhile, President Biden’s solitary appointment of a justice, Ketanji Brown Jackson, was about as consequential as a drop in the Pacific Ocean. While he does take the credit for appointing the first black woman to the Supreme Court, that’s more of a footnote than a milestone, considering she was merely replacing an outgoing justice from his party. This stark contrast in judicial power illustrates just how wide the gap is between conservative and liberal efforts since Trump left office. At the time of this analysis, Trump had made 220 appointments compared to Biden’s 213 federal judges, reflecting a windfall of conservative judicial appointments.
With the current 70-year-old liberal justices now eyeing their own futures—especially Sonia Sotomayor, amid whispers of health concerns—competition to keep the court balanced is heating up. While the liberals may want to stick around for a potential Biden rebound in four years, the clock is ticking, and the right would just love to see them jump ship. If the court manages to maintain its conservative edge, the left might find themselves searching for a new playbook in a judicial landscape increasingly unfriendly to their agenda.
