In 2016, some Senate Republicans argued that it would be all right if the court stayed at eight or fewer justices forever, as a way to justify holding off on considering President Barack Obama's pick, Merrick Garland.
His retirement could put some of his signature rulings in jeopardy such as the 1973 court ruling in Roe v. Wade, writes Scott Lemieux. Justices Antonin Scalia and Clarence Thomas and Chief Justice William Rehnquist voted against Lawrence, and to the extent that Justices Samuel Alito and Neil Gorsuch and Roberts seem to be more in the mold of these justices than of Kennedy and O'Connor, it is not hard to imagine a substantial revision in the court's gay-rights jurisprudence. Joe Donnelly of IN and Sen.
Sen. Chuck Schumer and other Democrats were outraged at the apparent double standard, and accused the Senate leader of rank hypocrisy.
He said the voices of millions of Americans heading to the polls this fall "deserve to be heard". In the year since the Gorsuch vote, the Senate has added one more Democratic moderate whose next election is looming on the horizon: Doug Jones of Alabama, who faces re-election in 2020. He said the seat should be left open for the next president to fill.
At issue before the Supreme Court was the scope of 8 USC 1182 (f), a federal law which delegates broad authority over immigration policy to the President. But, as Justice Stephen Breyer explains in his dissent, the evidence indicates that the administration has uniformly rejected almost all waivers, including even that of an 8 year old girl suffering from cerebral palsy who urgently needs medical treatment that can not be provided in her home country (Yemen). Susan Collins of Maine, Lisa Murkowski of Alaska, Jeff Flake of Arizona and Bob Corker of Tennessee will insist on a less ideological justice. "This could prove to be the most significant thing the Republican Senate does", Cruz said.
McConnell already said in May that a potential Supreme Court battle would move to the front of the judicial confirmation pipeline.
The court's senior liberal justice, 85-year-old Ruth Bader Ginsburg, was prophetic when she talked with a reporter in the summer before Trump's election. "When asked which judge he'll choose, Trump said, 'Either Adam Levine or Blake Shelton".
Legal experts say the Supreme Court justice to succeed retiring Anthony Kennedy might ultimately be the end of legalized abortion, Law & Crime reported. I will say this: "It will go back to the states, and the states will then make a determination".
The president stressed his confidence in the picks on his list, saying, "You see the kind of quality we're looking at when you look at that list".
Amy Coney Barrett, 46, of IN, a 7th US Circuit Court of Appeals judge.
Among Trump's counselors is Leonard Leo, who is taking a leave of absence as executive vice president of the Federalist Society to serve as an outside adviser to the process.
"I expect the nominee to be like Justice Gorsuch, to demonstrate excellence in every respect, and to earn widespread support from the American people, and bipartisan support for confirmation in the Senate", Leo said.