The week after I started writing this particular blog, Supreme Court Justice Antonin Scalia passed away unexpectedly.
I was already writing a blog about the Supreme Court and how the upcoming presidential election would dramatically affect the Supreme Court of the U.S., or SCOTUS, as it is often referred to nowadays.
Now, the stakes are even higher as the highest court in the country is evenly split along ideological lines, with monumental cases hanging in the balance.
According to Jonathan Hobratsch, Writer Editor for the Literati Quarterly in a blog for The Huffington Post:
“If the next president wins two terms, regardless of the party, the Supreme Court could reach a near ideological monopoly unknown in the post-World War II era of American History, perhaps a monopoly never achieved since FDR’s eight Supreme Court nominations.
However, FDR presided during a time when both parties had liberal and conservative wings; therefore, there was more ideological overlap in a judicial nomination, even if he/she was from the opposing party. With two deeply divided parties, the next president has a crucial influence on the future of the Supreme Court that is rarely discussed as we get closer to the 2016 election.”
Or, consider what USA Today’s Richard Wolf wrote in his USA Today News online report:
“Wedged between the Republican and Democratic national conventions next July will fall an event of greater long term significance for the future of the republic: Supreme Court Justice Anthony Kennedy’s 80th birthday.
Barring unforeseen events, Kennedy will become the third sitting octogenarian on the court – Justice Ruth Bader Ginsburg is 82 (and as of writing this DCPL blog, she is 83) and Justice Antonin Scalia turns 80 in March. That will mark the first time since George H.W. Bush entered the White House more than a quarter century ago that a president has inherited three justices that old. at 78 by then, Justice Stephen Breyer will be close behind.”
Some major cases to be heard in 2016 include those on immigration, voting districts, affirmative action for higher education students, union practices, state laws on abortion availability, and the Obamacare mandate on contraceptive coverage for employees at churches and other religions institutions.
I started searching the stacks of DCPL for anything SCOTUS-related, and I was absolutely stunned at the volume of material on the subject. I mean, everything about the high court has been documented, explored and opined about.
And, the end of the last century had something new to write about the Supreme Court – a first throughout its history: the naming of a female Supreme Court justice, Sandra Day O’Connor.
O’Connor was nominated by Ronald Reagan in 1981 and garnered unanimous senate approval; ironically, she was the “key swing vote in many important cases, including the upholding or Roe v. Wade,” according to the website Bio.com.
DCPL has many books on O’Connor, including: “Sandra Day O’Connor : How the First Woman on the Supreme Court Became its Most Influential Justice by Joan Biskupic.
But one of my favorite reads has been Robert Schnakenberg’s “Secret Lives of the Supreme Court: What Your Teachers Never Told You About America’s Legendary Justices.”
An interesting tidbit from this book about John Marshall, who spent 34 years as chief justice:
“Beyond his noble birthright (a distant relative of Thomas Jefferson), there was nothing much about Marshall’s upbringing that screamed “father of American jurisprudence.” He had only a year of formal schooling and attended law lectures for less than three months.”
“…he dressed in a plain, occasionally disheveled, manner and did all his own grocery shopping. A Virginia neighbor once saw him lugging a turkey home from the market, mistook him for a servant, and threw him some spare change. Marshall humbly pocketed the money and went on his way with his bird. A truly genial man, he won many a legal argument through conciliation and persuasion rather than confrontation and coercion – a fact that infuriated his political opponents.”
And, another item which I vaguely remembered and is covered in the book (but many people don’t realize): that President William Howard Taft, who had served as a U.S. District Court judge in his native Ohio, always had aspired to sit on the Supreme Court. He was steered instead into the presidency by both his wife and the outgoing president, Theodore Roosevelt. He got his opportunity, however, when Republican Warren G. Harding sought him for an appointment to the high court. Taft is the only former president to have sworn a new president into office (Calvin Coolidge in 1925 and Herbert Hoover in 1929).
Who knows? If a Democrat is elected, perhaps Barack O’Bama could be a future justice.
One thing is certain, however – this country will be seeing many new faces on the Supreme Court in the coming years.