How will the election affect the Supreme Court?
 The
Supreme Court is long overdue for a retirement. Only one member of the court, Justice Thomas, is under 65.
The retirement of even one or two Justices would have significant impact on the Court, shifting the outcome in the many cases that were
resolved in 5-4 or 6-3 decisions.
Writing in the
New York
Times,1 Adam Cohen imagines a world in which George W. Bush picks new justices:
Abortion might be a crime in most states. Gay people could be thrown in prison for having sex in their homes. States
might be free to become mini-theocracies, endorsing Christianity and using tax money to help spread the gospel. The Constitution might no
longer protect inmates from being brutalized by prison guards. Family and medical leave and environmental protections could disappear.
 President Bush has said his favorite justices are Scalia and Thomas,2 who are the most staunchly
conservative members of the Court. The replacement of even one of the moderate or liberal justices with a conservative justice will cement the
conservative majority on the court, and will, over time, alter the shape of civil liberties in the country.
The Senate, of course, must approve a Presidential nominee, so the exact
shape of the Court remains uncertain. We present here one scenario. |