Thomas Gallatin / October 11, 2016

Hillary’s Supreme Court Vision

She reinforces fears that a victory would push the Court strongly to the Left.

With so much media focus on Donald Trump’s 11-year-old lewd comments it was easy to miss some of the more substantive issues discussed in Sunday night’s debate. For example, both candidates were asked what priorities they consider as most important in selecting Supreme Court justices. The very real issue of the current vacancy on the Supreme Court has been perhaps the primary justification for supporting the admittedly flawed Trump.

Hillary Clinton made her case: “I want to appoint Supreme Court justices who understand the way the world really works, who have real-life experience, who have not just been in a big law firm … but … they actually understand what people are up against.” Hillary made no mention of wanting to select judges who would be faithful to the Constitution and Rule of Law, instead focusing on pet leftist issues such as reversing Citizens United and ensuring that the rulings on same-sex marriage and Roe v. Wade would not be overturned.

The Supreme Court is clearly an issue that Trump should continue to campaign on as it is a strength for him. However, unless the poll numbers change, the prospect of a Trump election victory is looking slimmer by the day. In the event that Clinton wins, in all likelihood Senate Republicans would move to confirm Barack Obama’s nominee, Merrick Garland, during a lame-duck session as a means of preventing Hillary from selecting an even more leftist judge. That is unless Obama plays a little political gamesmanship himself and withdraws his Garland nomination. In any case, with two flawed and compromised candidates campaigning for the highest office in the land, the primary outcome of this election will be the future balance of the Supreme Court.

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