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: The Once and Future Lawyer

Supreme Court candidates

By 4L

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I saw on WSJ online that there is already talk about the new makeup of the Supreme Court depending on who the next president is. See McCain and the Supreme Court. See also The Supreme Court and Public Opinion: Will They Soon Diverge, if a Democrat is Elected. I remember this was the talk of the town four years ago, and obviously President Bush has had the opportunity to put two new members on the high court. I think his ability to put any more on (in any federal court) has been stalled since Justice Alito.

Regardless of who the next president is, I think it's safe to say that there will probably be another two or three new members of the Court over the next four years. I just wonder whether it matters, judicially speaking? Obviously all of the justices have their understanding of the Constitution, just like anybody who has graduated from law school. And to survive legislative scrutiny of the appointment process, it seems more and more that you have to walk a certain line to get through. But once you're in, you can do what you want. I think every one of the justices has proven that they aren't necessarily going to stick with what the parties think they will. Souter is probably the best case in point, but I think each probably has their own examples.

I wonder whether and to what extent this will be important during this coming election, given the economy and the war. I guess we'll find out in 30 years. Unless the current court does something really screwy, such as with this gun case. Exciting times for appellate law.