President-elect Donald Trump’s victory in the election, along with the Republican takeover of the Senate, is expected to solidify conservative control of the Supreme Court for potentially the next two decades. Progressives had been pushing for court restructuring efforts, such as expanding the court or imposing term limits on justices, but these plans hinged on Democrats gaining significant power in both the White House and the Senate. With Republicans now in control, they have the opportunity to maintain a conservative influence on the court long after Trump’s presidency.
The two oldest and most conservative justices on the Supreme Court are Clarence Thomas, 76, who has been on the court for 33 years, and Justice Samuel A. Alito Jr., 74, who was appointed in 2006. There is speculation that one or both of them may retire during Trump’s second term, allowing him to appoint younger conservative justices from the federal appeals courts.
Conservative analysts believe that Justice Alito may be the first to retire, followed by Justice Thomas. The death of liberal Justice Ruth Bader Ginsburg during Trump’s presidency may influence their decisions to step down sooner rather than later, as they may not want to risk having their seats filled by a liberal justice. If they do retire, Trump would have the opportunity to appoint one or two younger conservatives who could serve on the court for up to 30 years.
During his first term, Trump appointed three conservative justices with the support of Senate Majority Leader Mitch McConnell. Justices Neil M. Gorsuch, Amy Coney Barrett, and Brett M. Kavanaugh, along with Chief Justice John G. Roberts Jr., form the conservative majority on the court. They have already made significant decisions, such as overturning the right to abortion and granting broad immunity to presidents from criminal charges during their time in office.
While the court’s three liberal justices, including Justice Sonia Sotomayor, are not likely to retire in the near future, Trump could have the opportunity to appoint another young conservative justice if a vacancy arises. President Biden appointed Justice Ketanji Brown Jackson, the court’s first Black woman, before leaving office.
Overall, Trump’s influence on the Supreme Court is expected to have a lasting impact on the direction of the court for years to come. The conservative majority is likely to shape key decisions on a range of issues, from abortion rights to presidential immunity, affecting the lives of Americans for generations to come.