The Constitution of the United States limits the President to two terms in office. However, through judicial appointments, the President can create a lasting legacy because judges have lifetime appointments. So what might happen to judicial appointments if Obama gets a second Term in Office?
Many believe that Justice Ruth Bader Ginsburg will most likely retire during the next presidential term. This is even more likely if Obama wins a second term for she will have assurance he will replace her with someone that shares her judicial philosophy. (1) If Romney wins the election, she may try to hold on for the next 8 years but with her age and the fact she has defeated cancer twice that may not be possible. Obama replacing Ginsburg, a liberal leaning justice, with another liberal leaning justice will not change the make-up of the court so this is actually a moog point if Obama wins a second term.
However, in addition to Justice Ginsburg, there are also two other Justices that will turn 80 during the next presidential term. They are conservative Justice Antonin Scalia, and conservative leaning Justice Anthony Kennedy. (2) There is little doubt that if Scalia or Kennedy retires, Obama will replace them with liberal Justices so if Obama wins a second term, Scalia and Kennedy would probably try to hold on for the next 4 years hoping for the election of a conservative President in 2016 when the Presidency will be open. However, with both of these men in their eighties, that may not be possible.
The Supreme Court, however, is not the only place where the President makes judicial appointments. In Obama’s first term, he has managed to appoint numerous circuit court judges and has changed the balance of power in 4 of the 13 circuit courts of appeals. (2) With the majority of court cases stopping in circuit courts and never going to the Supreme Court, Obama has already managed to substantially change the make-up of the federal judiciary.
Under a Romney Presidency, we might see the replacement of Scalia and Kennedy with Ginsburg trying to hold on. However, Romney will not be term limited out in 2016 so she may end up having to try to hold on till after 2020 when she will be approaching 90. This means that there is a relatively strong possibility Romney will be able to nominate a conservative Justice to replace Ginsburg and thus, change the makeup of the Supreme Court. A Romney presidency will also have the opportunity to replace circuit court judges during his presidency and reverse the trend of liberalizing the judiciary started by President Obama.
The appointment of judges and Supreme Court Justices who have lifetime appointments is the lasting legacy of presidents. Voters, however, tend to focus on the economy and social issues during the election cycle. It is a fact that the economy and social issues are important and affect the daily lives of voters but the next administration and Congress can reverse the bad economic and social policies of one administration. Judicial appointments, however, are lifetime appointments and extend well beyond the President’s term in office.
A concerned voter gives this issue serious consideration before entering the voting booth. With recent court decisions involving Citizens United, Arizona Senate Bill 1070, and Obamacare, we have all seen the power courts can have over our lives. Therefore, I urge everyone to give the issue of judicial appointments serious consideration in this election.
1. Goldstein, Tom. The Court in a second Obama Term. scotusblog.com. [Online] The Supreme Court of the United States Blog, February 14, 2012. [Cited: September 18, 2012.] http://www.scotusblog.com/2012/02/the-court-in-a-second-obama-term/.
2. TeaParty.org. Obama Will Target Courts in Second Term. teaparty.org. [Online] Associated Press. [Cited: September 18, 2012.] http://www.teaparty.org/article.php?id=2400.
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