Republicans hope to confirm even more justices to the Supreme Court if Trump wins

WASHINGTON During Donald Trump's tenure in the White House, Republicans assembled the most conservative Supreme Court in a century. Today, they are excited about the prospect of continuing those efforts by confirming even more conservative justices, as well as lower court judges, if he wins another four years.

Republican senators widely expect there to be at least one Supreme Court vacancy during a second Trump term, and if he defeats Vice President Kamala Harris, Republicans would likely control the Senate , which manages the confirmation process. Two longtime conservative justices will be under retirement watch in the coming years: Clarence Thomas, 76, and Samuel Alito, 74.

High, extremely high, even certain, Sen. Josh Hawley, R-Mo., who is on the Judiciary Committee, said when asked about the chances that Trump would have the opportunity to appoint more judges to the Supreme Court if the Republicans emerge victorious from the election.

I think on the conservative side you will see at least one retirement. I'm speculating, but I'm pretty confident about it, Hawley said, adding that Republicans would likely seek more potential justices in the mold of Thomas and Alito, particularly if they replaced any of those individuals.

Sen. John Cornyn, Republican of Texas, who is running to be the next Republican leader in the Senate, said Trump's first-term pattern of choosing young, conservative judges would most likely continue, including for vacancies on the bench. Supreme Court.

I would think so. Obviously, he worked with the Federal Society and other conservative legal organizations to find the best people, and I think he did an outstanding job on the Supreme Court, Cornyn said.

If Trump got two more Supreme Court nominees, he would have appointed more than half of the Court's members, something no president has done since Franklin D. Roosevelt and the subsequent creation of the two-term presidential term limit.

I don't think any other president has done this. That would be unprecedented, Cornyn said. The three we confirmed are a legacy, one of the best things the Trump administration and President Trump have done with a Republican majority. Five almost seems like too much to hope for.

Hawley said: This could happen with Trump. It's possible. It would be big.

For Democrats, it's a scary possibility and one they hope will motivate their voters to turn out this fall and prevent Trump from winning.

That wouldn't be good, said Sen. Mazie Hirono, Democrat of Hawaii, deadpanned.

We would still have to get rid of the previous ones. You would have more Dobbs-style decisions. And the Supreme Court has made a whole series of decisions like that, said Hirono, who is on the Judiciary Committee. It will just be worse. So I think this will lead to further calls, hopefully, for Supreme Court reform.

Neither Thomas nor Alito would be guaranteed to step down. But the two staunch conservatives could see the combination of a Republican presidency and control of the Senate as an ideal opportunity to secure their legacy by keeping their seats in right-wing hands for several more decades. It takes 51 votes to confirm a justice to the Supreme Court, so in this scenario, Republicans would have the power to replace them without any input from Democrats.

The second oldest on the nation's high court are liberal Justice Sonia Sotomayor, 70, and conservative Chief Justice John Roberts, 69.

On the campaign trail, Harris said little about the prospect of Supreme Court vacancies under the next president. But she repeatedly criticized Trump for choosing the three justices who were essential to the five-member majority that overturned Roe v. Wade and ruled in a case involving Trump that presidents have immunity for certain official acts.

So there's a lot at stake in this election. …And it's not 2016 or 2020. It's different for many reasons, but a very important reason among them is what the Supreme Court did just a few months ago, Harris said during from a recent fundraiser in Los Angeles. told the former president that he was effectively immune no matter what he did in the White House.

Harris campaign spokesperson James Singer responded to this article after its publication by writing on X: Trump brags about his three justices overturning Roe. Imagine what he would do with 2 or 3 more.

Trump, who campaigned for the Supreme Court in 2016, has said less about it this time around as he finds himself on the defensive for his role in overturning federal abortion rights. His campaign did not respond when asked if he would release another list of high court nominees to choose from if he had another vacancy.

Sen. Dick Durbin, D-Ill., chairman of the Judiciary Committee, said Republicans would jump at the chance to fill another opening on the Supreme Court.

They will move heaven and earth and defy all precedent to fill the vacancy, Durbin said in an interview, referring to the GOP-led Senates that rushed Judge Amy Coney Barrett days before the 2020 election.

He said allowing Trump to appoint a majority to the Supreme Court would constitute a hopeless situation that Democrats could do little to avoid if they lost the White House and Senate.

Mike Davis, the former chief nominations adviser to Republicans on the Senate Judiciary Committee, said Trump's judicial picks would be even bolder in a second term.

President Trump's biggest and most important accomplishment during his first term was transforming the Supreme Court into the first constitutionalist majority in 90 years, Davis told NBC News, noting that Trump also tilted many powerful appeals courts to the right. Trump will build on his success in his second term by appointing even bolder and more fearless federal judges.

Sen. Thom Tillis, R-N.C., a center-right Republican member of the Judiciary Committee, said he was as excited as possible about the blood sport of SCOTUS nominations today over the possibility of potentially having l opportunity to confirm another.

I have four under my belt now, and I think that would be an exciting prospect for the country, Tillis said. I feel pretty good about my support for all three of Trump's nominees.

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