How Trump Can Secure the Supreme Court for a Generation

Article author: 
Toby Calvert Lee
Article publisher: 
American Mind
Article date: 
9 February 2025
Article category: 
Our American Future
Tags: 
judiciary
US Supreme Court
President
Article link: 
Excerpts are included below - read the original complete article
Medium
Article Body: 

The president should make up to five prospective nominations in the first 100 days.

President Trump has already appointed more Supreme Court justices than any president in 50 years. He now has a chance to be the first president since Eisenhower to appoint a majority of the justices on the Court. If he does, he would solidify his place as one of America’s most consequential presidents, and he would lock the Court’s liberals out of power for a generation.

If President Trump waits for a vacancy, his opportunity to secure his legacy may slip away. It is possible that neither Justices Alito nor Thomas will retire before the 2026 midterms. And three other justices, Chief Justice John Roberts and Associate Justices Sotomayor and Kagan, will soon be older than 65, the common retirement age, and could in theory vacate their positions between the 2026 midterms and the conclusion of President Trump’s term. If the Democrats win the Senate majority in 2026, they will likely block any appointments President Trump would make to the Court in the interim.

To guard against this, within the first 100 days and without a single justice announcing their retirement, Trump should nominate at least two candidates for the Supreme Court. Alternatively, he could make as many as five nominations for the justices aged 65 or older. President Trump can specify that these nominations will vest upon a vacancy actually arising, and the Republican Senate should swiftly confirm the nominees.

Appointing justices to not-yet-vacant seats is well within President Trump’s constitutional authority...

Related

The Supreme Court’s Chance to Rein In Activist Judges and the Deep State, by Jeff Carlson & Hans Mahncke, Truth Over News, 16 February 2025.

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