The Washington Post writes, before November, Democrats could look forward to years, maybe decades, of at least a five-vote majority of Obama and Hillary Clinton appointees on the court, given the likelihood that liberal Justices Ruth Bader Ginsburg (83) and Stephen G. Breyer (78) would retire in a first Clinton term. A sixth liberal to replace 80-year-old moderate conservative Anthony M. Kennedy was possible, too.
A 5-4 — or 6-3 — liberal-majority Supreme Court could have reigned over federal courts that have already tilted left after eight years of Obama appointments. A second Warren court was at hand: Foreseeable results included abolition of the death penalty, solidified transgender rights, strengthened gun control, increased power for federal environmental regulators and, in response to Black Lives Matter, stricter constitutional scrutiny of the police.
Instead, Trump wants to put in another Scalia! Some of his crazy quotes have been well documented:
- “Undoubtedly some think that the Second Amendment is outmoded in a society where our standing army is the pride of our Nation, where well-trained police forces provide personal security, and where gun violence is a serious problem. That is perhaps debatable, but what is not debatable is that it is not the role of this Court to pronounce the Second Amendment extinct.”
- “If I were king, I would not allow people to go about burning the American flag. However, we have a First Amendment, which says that the right of free speech shall not be abridged.”
- “You think there ought to be a right to abortion? No problem. The Constitution says nothing about it. Create it the way most rights are created in a democratic society. Pass a law. And that law, unlike a Constitutional right to abortion created by a court can compromise. It can…I was going to say it can split the baby! I should not use… A Constitution is not meant to facilitate change. It is meant to impede change, to make it difficult to change.”