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Trump's judicial activism

Carla Bleiker
Carla Bleiker
September 10, 2020

Donald Trump has listed potential Supreme Court nominees for his second term. It was a shrewd move to get conservative voters to the polls — but one that will also turn out progressives, DW's Carla Bleiker writes.

https://p.dw.com/p/3iIUV
USA: Donald Trump, 2020
Image: Reuters/J. Ernst

US President Donald Trump recently presented a wish list of nominees for the Supreme Court. That was a rather macabre maneuver considering that US Supreme Court justices serve lifetime appointments. That means that Trump cannot nominate a candidate until someone currently serving on the bench dies or can otherwise no longer carry on. 

Carla Bleiker
DW's Carla Bleiker

There has been much speculation to that end regarding Justice Ruth Bader Ginsburg. At 87, she is the eldest of the high court's judges. Appointed by the Democrat Bill Clinton in 1993, the liberal feminist is a thorn in the side of Trump and his Republican supporters. This summer, Ginsburg once again underwent chemotherapy. She emphasized, however, that she had no intention of stepping down from the bench. 

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It seems unlikely that any vacancies will occur before January, so Trump would have to win reelection in November to make further appointments. The announcement of his wish list was calculated: With less than two months left until the election, it was designed to win over conservatives who might not be so sure that they want to vote for Trump again.    

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There's no alternative 

At a press conference on  Tuesday to announce his potential second-term nominees — including Republican Senator Ted Cruz of Texas and Tom Cotton, a representative from the state of Arkansas who had called on the government to use the military to stop protests in June — Trump also attempted to give voters the message that justices appointed by his Democratic opponent, Joe Biden, would take away their guns, expand access to abortion and do away with the death penalty. It was a straightforward statement: You may not like the things I do or tweet — but, if you want laws that protect your conservative values, you have to vote for Trump! 

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Trump released a list of Supreme Court nominees during the 2016 campaign, too. That time it is was to convince establishment Republicans they should give their vote to a former reality TV personality — and it worked.  
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But Trump's current wish list should serve as a wake-up call for liberals. At the moment, there is a 5-4 conservative majority on the Supreme Court, and it is unclear if Ruth Bader Ginsburg could serve a full second Trump term, which would tip the balance even further.  

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Biden isn't every Democrat's dream candidate — that is especially true for young progressives. But they must realize that, if they don't vote, they are potentially giving Trump the chance to appoint at least one more Supreme Court justice on top of the two that he already has. A dominant conservative majority could restrict access to abortion and the rights of LGBTQ+ people for decades to come: That would be a catastrophe for liberals.    

Armed bystanders at protests

Carla Bleiker
Carla Bleiker Editor, channel manager and reporter focusing on US politics and science@cbleiker