Will Trump get to pick US Supreme Court justices in his second term?

Time of India

a day ago

Legal experts suggest that Donald Trump may have the opportunity to appoint additional Supreme Court justices during a potential second term, potentially reshaping the court's direction for decades. Justices Thomas, Alito, and Roberts may face pressure to retire, allowing Trump to install younger, like-minded individuals. Experts have said Trump might appoint loyalist justice.
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Trump may seek loyalty over ideology
During his first term in office, President Donald Trump appointed 226 federal court judges, including three US Supreme Court justices. Trump successfully installed judges who promoted his political agenda, including overturning the landmark ruling from 1973 that declared the Constitution guaranteed the right to abortion, Roe v. Wade.But something unusual appears to be unfolding in his second term. Rather than reinforcing Trump-era policies, federal judges — even those appointed by Trump himself — are now halting key parts of the president's second-term initiatives. So, a question that keeps popping up on everyone's mind is that- Will Donald Trump appoint Supreme Court judges in the US?Trump may have the opportunity to appoint new Supreme Court justices during his second term in office, legal experts told Newsweek. During his first term in office, Trump appointed three justices to the US Supreme Court, thus significantly influencing the judiciary system. Trump may have another chance to nominate a justice in the coming years- —an appointment that could shape the Court's direction for decades. Such a move would likely have profound effects on public policy, particularly in areas like abortion, LGBTQ+ rights, immigration, and executive power.Conservative-leaning Justices Clarence Thomas (76), Samuel Alito (75), and Chief Justice John Roberts (70) are already facing calls from some on the right to consider retirement in the coming years. With Republicans currently holding control of the presidency and a 53-seat majority in the Senate, they are in a strong position to confirm new Supreme Court justices without Democratic support.Some argue that Republicans should take a lesson from Democrats, who have previously faced setbacks when their justices chose not to retire during favorable political conditions.Daniel Urman, a law professor at Northeastern University, told Newsweek that while it's impossible to predict exactly when a justice might step down, Justices Alito and Thomas are the most likely candidates for retirement—primarily to allow a like-minded successor to be appointed. However, he noted that this isn't a certainty, as both justices are now part of the majority after spending years as dissenting voices on the Court, a position they deeply value.Pressure from the right may not be convincing to the justices, he said."Judges and especially Justices are very independent, and I don't think they will be too influenced by the pressure campaign," he said. "It's ultimately a very personal decision and the Ginsburg example is important but she was older and faced more health issues than the current justices."None of the current justices on the court have publicly said they plan to retire anytime soon.Former federal prosecutor Gene Rossi told Newsweek Thomas could wait until after the 2026 midterms to avoid giving Democrats a motivating issue ahead of the elections."However, if that happens, President Trump will pick a very young and conservative nominee because in his mind, he got burned with Justice Barrett," he said. "And he wants to put his further imprint on the tenor of the High Court."Former federal prosecutor Neama Rahmani told Newsweek: "It's likely Trump appoints at least one Supreme Court Justice, and maybe two. The odds increase over his four-year term, especially with Justices Thomas and Alito being in their mid-70s.""Trump's Cabinet and officer appointees during his second term have been largely loyalists without the experience or independent streaks that frustrated him during his first term. His Supreme Court appointment(s) will likely reflect those same values, especially given the importance of the judiciary in standing in the way of his executive orders."Stephen Wermiel, a constitutional law professor at American University, told Newsweek, "It's uncertain whether Trump will have another Supreme Court vacancy. But there's a good chance conservatives will begin urging Roberts, Thomas, and Alito to retire after this term so Trump could install younger, like-minded justices.'Legal analysts believe Trump may prioritize personal loyalty over ideological alignment when choosing future Supreme Court nominees.Barbara McQuade, a former federal prosecutor, told Newsweek that frustration with decisions made by Justices Barrett and Roberts may drive Trump to look for candidates who are not only conservative but personally loyal to him."Trump could seek justices who won't break from him on major rulings," McQuade said. "That could have a major impact on upcoming cases dealing with birthright citizenship, transgender healthcare, and the limits of executive power."Justice Amy Coney Barrett has occasionally sided against Trump's positions, including a ruling against deporting alleged gang members under the Alien Enemies Act of 1798. Her independent stance has drawn criticism from Trump-aligned conservatives.Political analyst Urman agreed that loyalty may guide Trump's future selections, noting that he 'appears to value loyalty above all else in his nominees.' Any new appointments, Urman added, would likely align more closely with the judicial philosophies of Justices Thomas or Alito than Barrett.