With Judge Neil Gorsuch’s nomination to the Supreme Court, President Donald Trump seeks to give conservatives a position that would allow them to completely change the reality of the United States.
According to experts consulted by CTN News, Trump enjoys an unusual position of power over the Supreme Court, since he has the possibility and option to choose not only the substitute of the late Judge Antonin Scalia, but also some of the elderly magistrates of the court.
In his speech at the White House, Trump himself acknowledged the voters gave him in the November elections to decide on the future of the state’s judicial branch.
“The most important decision a US president can make is the appointment of a Supreme Court judge. Depending on their age, a judge can be active for 50 years and their decisions can last a century or more, and can often be permanent, “Trump said in making his announcement from the White House.
At the moment three judges of the Supreme Court already surpass the barrier of 78 years, the average age with which the magistrates hung the toga since 1960.
Because of the age, three judges most likely will step down, they are conservative Anthony Kennedy, 80, and progressives Stephen Breyer, 78, and Ruth Bader Ginsburg, who has 83 and for months has staged a major controversy at the time. Calling Trump a “trick”, but then retracted.
If Gorsuch wins the Senate’s endorsement, the Supreme Court will maintain the conservative composition that prevailed since 1972 and return to the status quo of four progressive judges and five conservatives, the same distribution as before Scalia’s death.
However, in the long term, the Supreme Court could undergo a radical transformation in very conflict issues such as abortion or the right of homosexuals to marry, Thomas Berry, an analyst working for the Cato Institute, a think tank Ultra-liberal ideology.
Indeed, the appointment of Gorsuch has caused some reluctance among abortion-friendly groups as the magistrate maintains that there is no “constitutional basis” to support the idea that the mother’s freedom of choice should be given priority over life of the baby.
That is why Senate Democrats have already announced that they will ask Gorsuch whether he intends to ban abortion, a right that the Supreme Court recognized back in 1973.
In the Senate, Gorsuch needs eight Democrats to vote in favor of his confirmation, although in a second ballot he would suffice the favorable vote of the Republicans, with 52 seats.
If Judge Neil Gorsuch manages to be confirmed, Senate Republicans would score a huge victory because for months they refused to consider moderate judge Merrick Garland, nominated by former President Barack Obama to take the place of the late Scalia in the Supreme Court.
Contrary to what the Republicans did, Senate minority leader Charles Schumer did not refuse to consider Trump’s appointment tonight and simply anticipated a “thorough” debate in the Upper House that Gorsuch could prove That his “ideology and legal opinion are not extreme”.
Although conservative, Gorsuch moves away from the more extreme positions of many of the judges that Trump was considering and whose 21 names made public during the presidential campaign.
“Judge Gorsuch will have an easier way to be nominated than any of the other people Trump had been considering,” said University of North Carolina professor Michael Gerhardt, a Supreme Court expert.
However, Gorsuch’s nomination has been a major blow for groups such as the Union for Civil Liberties in America (ACLU), one of the most important organizations in the defense of civil rights and which has sued Trump for his decree against Immigrants and refugees.
In response to the lawsuit, a New York judge blocked Trump’s controversial decree suspending the entry of all refugees into the country for 120 days, as well as granting 90-day visas to seven Muslim majority.
It is possible that this and other orders of Trump end up in the Supreme Court, as it happened to Obama, accused on several occasions of exceeding Executive powers.
However, the high court has always tried to act with “impartiality and independence, companionship and courage,” Gorsuch said today at the White House.
That is why, although in conservative hands, the Supreme Court could surprise Trump and hand him more than a defeat.