Over two decades of substantial U.S. Supreme Court decisions important to conservatives would be wiped off the books should President Obama get a third justice on the bench, a legal earthquake “creating a liberal majority that would almost certainly reshape American law and American life,” according to the New York Times.
Gone, according to the Times:
— The Citizens United case expanding independent political spending.
— Gun rights.
Likely to be approved:
— Expanded abortion rights.
— New minority programs and affirmative action.
— Confirmation of support for Obamacare and gay marriage.
Current justices are Democrats Sonia Sotomayor, Elena Kagan, Ruth Bader Ginsburg, Stephen Breyer, and Republicans Anthony Kennedy, John G. Roberts, Samuel A. Alito, Jr., and Clarence Thomas.
The paper noted that the last major philosophical change in the court came in 1991, when conservative Justice Clarence Thomas replaced liberal Thurgood Marshall, creating a center right majority.
The Times story said that the impact of an Obama pick, or one from Sen. Bernie Sanders or Hillary Rodham Clinton, to replace the late conservative Justice Antonin Scalia can’t be underestimated.
“Adding another justice who has instincts and outlooks similar to those of Justices Ginsburg and Sotomayor could call into question a number of contentious 5 to 4 precedents,” said Vikram Amar, the dean of the University of Illinois College of Law.
The Times report quoted court watchers predicting the swift death of Citizens United. Guns would also be targeted.
“If we got a fifth liberal on the court, the pendulum would swing pretty quickly on gun control,” Tom Ginsburg, a law professor at the University of Chicago, told the Times. “I expect that we’d see a major shift in the kind of gun control laws that get approved by the court. Look for enhanced registration requirements as the first step,” he added.
Paul Bedard, the Washington Examiner’s “Washington Secrets” columnist, can be contacted at [email protected].
