The inevitable appointments to the Supreme Court the next president will make have become a pivotal point for both parties. The options are not particularly encouraging. The fear of a President Hillary Clinton appointing radical leftist justices is a driving argument for Trump supporters, and it rightly should be. Yet, little effort has been made to identify what kind of justices Trump might nominate.
Trump is by no means a conservative, and any hopes that Trump would nominate a constitutional conservative to the court have no basis. He has very little consideration for the Constitution itself, openly suggesting limits on freedom of speech and of the press, particularly of those who criticize him. The idea that Trump might support a pro-life justice is delusional, as the man suggested himself he would support his own sister, a fierce pro-abortion judge. Yes, Trump may try to buy the vote of conservatives with the promise of a Cruz appointment, but there is no reason to believe he would actually do so, or even if he does, work for his confirmation. Cruz is not malleable, and Trump has no use for those who do not bend to his will.
Trump would need a justice with no commitment to the tenets of freedom. Are we interested in one who would declare Trump’s critics traitors, or enemies of the state? Are we interested in one supporting loose cannon executive orders? Does a justice upholding commands founded on bigotry appeal to you? There will be no impartiality in a Trump justice. This is not a matter of a liberal versus conservative choice. There is no conservative choice. The GOP will fight against Clinton’s appointments. Do you think they will fight Trump’s? Do you think the GOP will contend with the new leader of their party?
We are right to be concerned over the makeup of SCOTUS, but a Trump run court is not a solution.
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