Diary

Cruz, Rubio, Trump, and the Supreme Court

Right to life is decided in the courts.  That is a plain matter of fact.  We have a Federal system with state and national governments, and three co-equal branches.  The legislative branches have demonstrated a regular ongoing willingness to curb, and in some cases outright ban abortion.  Executives have regularly signed these laws, but the Judiciary regularly overturns the laws over things like “Well, its a reasonable law but if in place the last abortion mill in our state will be closed, so we can’t have it stand.”  Religious liberty is also decided in the Courts.  Even if so many oppose Same-sex-marriage that a majority of the states enact Constitutional Amendments banning it we still get the “law of the land” enacted by Justices where Amendment 9 and three quarters (right to same sex marriage) trumps the right to liberty (choosing who you work for).  If the next Republican candidate serves two terms the current justices by the end of that cycle will be:

  • Ginsberg 91
  • Scalia 88
  • Kennedy 88
  • Bryer 86
  • Thomas 76
  • Alito 74
  • Sotomayor 70
  • Roberts 68
  • Kagan 64

The next President is likely to choose up to four Justices of the Supreme Court, and if Cruz is in the White House you can be sure that the next Justices will be somewhere to the right of Scalia and Thomas.  That is, the Supreme Court will move from a 4-4 setting with Kennedy as the deciding vote to one where either Clarence Thomas or Samuel Alito is the central vote.  How would this have affected Obergefell v. Hodges?  If Rubio is the nominee I expect “consensus” nominees like Souter, Kennedy, and O’Conner.  If Ginsberg alone were replaced we would see the central seat move from Kennedy to Roberts. The  Roberts Court has largely avoided abortion so far, but some of the laws will have to end up there in the near future.  So to social conservatives I ask:

Who do you want appointing the replacement for Ginsberg, Scalia, and Kennedy?

Do you believe Carson is sufficiently familiar with available candidates to make an informed decision?  Do you believe that Trump cares about right-to-life issues or would he be most in favor of crony capitalist justices?  Is [mc_name name=’Sen. Marco Rubio (R-FL)’ chamber=’senate’ mcid=’R000595′ ] as reliable as [mc_name name=’Sen. Ted Cruz (R-TX)’ chamber=’senate’ mcid=’C001098′ ] when it comes to nominees that McConnell may not particularly like?  Which nominee will allow vacancies to build up rather than bow to the wishes of [mc_name name=’Sen. Dianne Feinstein (D-CA)’ chamber=’senate’ mcid=’F000062′ ]? For the pro-lifer Judicial appointments are the whole game, because no matter the argument you already know how Kagan and Thomas will decide.  So again I must ask:

Who do you want appointing the replacement for Ginsberg, Scalia, and Kennedy?