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Governments are instituted among Men,
deriving their just powers from the consent of the governed,
That whenever any Form of Government becomes destructive of these ends,
it is the Right of the People to alter or to abolish it,
and to institute new Government

Monday, April 10, 2017

The Trump Effect: The SCOTUS

From today's NYT (emphases mine):
...Had Judge Garland replaced Justice Scalia, the court would have immediately shifted to the left. A majority of its members would have been Democratic appointees for the first time in almost 50 years....


In losing the 2016 presidential election, Democrats may have given up the chance to change the balance of power on the Supreme Court for a generation. Judge Gorsuch is 49. If he serves as long as Justice Stevens, the last member of the court to retire, he will still be hearing cases in 2052. He would be 84, as old as Justice Ruth Bader Ginsburg is now.

Actuarial realities suggest that President Trump will have additional chances to move the court to the right. The court’s three oldest members are Justice Anthony M. Kennedy, 80, a moderate conservative who holds the decisive vote in many closely divided cases, and the court’s two senior liberals, Justice Stephen G. Breyer, 78, and Justice Ginsburg.

Were Mr. Trump to replace any of the three, a court that generally leans right would have a rock-solid conservative majority.

Were Mr. Trump to replace all three, the court’s remaining liberals — Justices Sonia Sotomayor, 62, and Elena Kagan, 56 — could find themselves writing lonely dissents for years to come....
While some of us here at IBA are concerned that something in the Trump administration has gone off the rails, perhaps the changes in the SCOTUS will offset some of the damage. IF President Trump appoints conservative justices, that is.

This question arises, however: if conservative justices rule in a way that displeases blue states and blue local governments, will those states and local governments comply with those SCOTUS decisions?

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