Protecting the Bench

The Supreme Court

The Supreme Court of the United States is the highest federal court in the land – serving as the final arbiter of the law. It has jurisdiction over all federal courts and state court cases involving issues of U.S. federal law. It functions to ensure that the government operates within the bounds of the Constitution and that the rights of citizens are protected.

Justices

The Supreme Court of the United States consists of nine justices: one Chief Justice and eight Associate Justices. These justices are nominated by the President and confirmed by a simple majority vote in the Senate.

Supreme Court Justices in the U.S. have what is known as "life tenure." Essentially, they hold their position as long as they choose. Therefore, they remain on the court until they die, retire, resign, or are removed through impeachment.

Removing a Supreme Court Justice is an exceptionally difficult and rare event. Designed to provide judicial independence, the process shields justices from political pressures. Although impeachment is the constitutional mechanism, it’s a rare occurrence. Only one Justice, Samuel Chase, has ever been impeached – and he was ultimately acquitted by the Senate.

Stacking the Courts

The Democrat party has sought to expand the court to stack it with their judges and pursue actions against Trump. With key justices aging, the stakes are high. Keeping a conservative court is a must for the Republican Party.

One such attempt involved the late Ruth Bader Ginsburg. Despite health bouts and public pleas to retire during Obama’s presidency and a Democratic-controlled Senate, the late Justice Ruth Bader Ginsburg (appointed by Bill Clinton), aimed to remain on the bench until after the 2016 election expressing a desire for the 1st female president to choose her successor.

However, Ginsburg’s death in September 2020 allowed President Trump to appoint Amy Coney Barrett 39 days later. In total, Trump has appointed 3 justices – resulting in a significant conservative shift on the Court.

During Trump’s presidency we have witnessed the Liberal Party’s head explode anytime a ruling comes down on the conservative side. Talk of packing the court comes up every time a decision is not what the Liberals wanted.

Trump has had a major influence on the nation’s highest court. The three Supreme Court justices he appointed – Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – are the most by any president since Ronald Reagan (who appointed 4) and the most by any one-term president since Herbert Hoover (though Richard Nixon appointed four in his first four years in office).

Although Trump appointed a notably smaller total of judges (226) during his single term compared to recent two-term presidents [Obama, 320, Bush (322), Clinton (367)] – his impact on the nation’s 13 federal appeals courts is evident – which have the final word on most legal appeals across the country.

These appointments have secured a conservative majority on the Court with the potential to influence legal precedent for decades.

Conclusion

Trump needs to replace the two oldest judges with 50 year old judges. If Republicans secure another 4 years, Sotomayor could become a factor. That would shift the balance from 6-3 to 7-2.

References

Judges – Nomination Process

Supreme Court FAQ

List of federal judges appointed by Donald Trump

Supreme Court Nominations (1789-Present)