Why This Presidential Election Could Have Historic Influence On Supreme Court
Follow CBSDFW.COM: Facebook | Twitter
DALLAS (CBS11) - SMU Constitutional Law professor Dale Carpenter says the next President will likely have a historic influence on the Supreme Court.
"It's a very big deal. The presidential election this year is probably the most momentous we've had in half a century," said Carpenter.
That's because the next President may have the opportunity to nominate three or four new justices in a single term.
Carpenter says that's especially important because the court is so closely divided.
When asked how close is the court being one vote away from changing course on any major issue, Carpenter answered, "Think about almost every major issue in American life right now. It's that way on religious freedom. It's that way on affirmative action. Could be that way on abortion. Could be that way on executive power. Could be that way on immigration."
It's the same he says about gun rights.
Carpenter points to the Supreme Court's 5-4 decision in 2008 in which the justices ruled the Second Amendment allows individuals the right to bear arms without being in a militia.
"I think there are justices on the court now who are itching to reverse that decision", said Carpenter, who was a clerk under Judge Edith Jones of the U.S. Court of Appeals for the Fifth Circuit.
Just a few weeks ago, in a 5-3 decision, the justices struck down Texas House Bill 2, finding the state's restrictions on abortion providers unconstitutional.
In a 4-4 tie, the Supreme Court recently let stand an appellate court ruling that struck down President Obama's executive action, that would have protected as many as five million illegal immigrants from being deported.
Most cases never make up to the Supreme Court. They're resolved here in the lower federal courts.
The President nominates judges in those courts as well.
"Whoever that is in November is going to pick scores of those lower court judges," said Carpenter. "And they will decide far more cases of far greater breadth and depth than the Supreme Court of the United States."
He said since 2009, President Obama has dramatically increased the number of Democratic appointed judges in the lower courts.
As a result he said a number of the judicial circuits now have a majority of Democratic appointed judges instead of a majority of Republican appointed judges.
(©2016 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
Follow Jack on Twitter: @cbs11jack
