theGrio

Back to the Top

Main menu

Skip to primary content
Skip to secondary content
  • Home
  • Entertainment
    • Music
    • The Dish
  • Health
    • Ask Dr. Ty
    • Black Men’s Health
    • Black Women and Breast Cancer
    • Back to School Health
  • Living
    • Travel and Leisure
    • Living Forward
    • Books
  • Politics
    • Perry on Politics
  • Sports
  • News
    • Good News
  • Opinion

Red, Black & Blue

Obama v. Romney could shape Supreme Court

by Mark Sherman, Associated Press | September 20, 2012 at 12:08 PM
Comments
Print
Obama and Supreme Court

Chris Wallace (R) interviews U.S. Supreme Court Justice Antonin Scalia on 'FOX News Sunday' at the FOX News D.C. Bureau on July 27, 2012 in Washington, DC. (Photo by Paul Morigi/Getty Images)

Related Posts

  • Mitt Romney has a Robert Bork problem
  • Consider the Supreme Court when casting your vote
  • On health care, Obama tries to shame Supreme Court
  • Obama: Supreme Court pick must back women's rights
  • Obama's top Supreme Court prospects are Kagan, Wood, Garland

With four justices in their seventies, odds are good that whoever is elected president in November will have a chance to fill at least one Supreme Court seat. The next justice could dramatically alter the direction of a court closely divided between conservatives and liberals. One new face on the bench could mean a sea change in how millions get health care, shape the rights of gay Americans and much more.

___

Where they stand:

President Barack Obama already has put his stamp on the high court by appointing liberal-leaning Justices Elena Kagan and Sonia Sotomayor, 50-somethings who could easily serve a quarter-century or more. Republican nominee Mitt Romney has promised to name justices in the mode of the court’s conservatives.

___

Why it matters:

Since the New Deal, Supreme Court decisions have made huge everyday differences in American lives, from seminal decisions to uphold Social Security, minimum wage laws and other Depression-era reforms to ringing endorsements of equal rights. And anything is possible with five votes, a bare majority of the nine-justice court. Decisions on many of the hot-button issues in recent years have been by 5-4 votes. These include upholding Obama’s health care overhaul, favoring gun rights, limiting abortion, striking down campaign finance laws, allowing consideration of race in higher education and erecting barriers to class-action lawsuits.

Supreme Court vacancies always are a big deal. But the stakes become enormous when the president has a chance to put a like-minded justice on the court to take the place of an ideological opponent. Such a switch can change the outcome of some of the court’s most important cases. The most recent example of what the change in a single seat can mean was President George W. Bush’s selection of Samuel Alito to take the place of Sandra Day O’Connor. Both justices were appointed by Republicans, but Alito is far more conservative than O’Connor on such key issues as abortion, affirmative action and campaign finance.

As things stand now, Anthony Kennedy, 76, is the only justice who leans conservative but sometimes sides with the liberals on an otherwise evenly divided court. The others older than 70 are the liberal-leaning Stephen Breyer (74) and Ruth Bader Ginsburg (79), and the conservative stalwart Antonin Scalia (76). No one has indicated any intention to retire soon, although Obama’s re-election could tempt Breyer and Ginsburg to reconsider. Romney’s election could prompt Kennedy and Scalia to change their plans since justices, at least recently, tend to retire when their replacement is likely to be of similar ideology.

But what might happen if the next president had an unexpected opportunity to change the court’s direction?

Obama has voiced his disagreement with the Citizens United decision in 2010 that has contributed to ever-freer campaign spending. Of his two appointees, Sotomayor was on the losing side of the Citizens United case while Kagan argued the case for the administration in her previous job. On health care, both justices voted to uphold the Obama’s health care law.

Romney already has called on the court to overturn the Roe v. Wade decision from 1973 that first established a woman’s right to an abortion. Romney has said he would appoint justices like Alito, Scalia, Chief Justice John Roberts and Justice Clarence Thomas. He described them as men who follow the text of the Constitution, not their “personal policy preferences.”

But the health care case is a reminder that justices who generally vote a certain way do not always vote in a predictable fashion. Roberts, after all, was the decisive — and lone conservative — vote to uphold the health care law.

Copyright 2012 The Associated Press.

  • Former Minnesota Gov. Tim Pawlenty takes the stage during the third day of the Republican National Convention at the Tampa Bay Times Forum on August 29, 2012 in Tampa, Florida. Former Massachusetts Gov. Mitt Romney was nominated as the Republican presidential candidate during the RNC, which is scheduled to conclude August 30. (Photo by Win McNamee/Getty Images)
    Next Story:

    Pawlenty resigns from Romney campaign to lobby

  • Romney in Florida
    Previous Story:

    Why Romney can’t articulate his positions clearly

Filed in: Politics | Related Topics: Barack Obama, Election 2012, Mitt Romney, Supreme Court
  • Learn about our User Panel

    Read More
  • New Stories on theGrio

    • Phil Jackson would pick Bill Russell to start a team with Phil Jackson would pick Bill Russell to start a team with
    • Mary J. Blige faces $3.4M tax lien Mary J. Blige faces $3.4M tax lien
    • Mother has son arrested for stealing her Pop-Tarts Mother has son arrested for stealing her Pop-Tarts
    • Morgan Freeman falls asleep during live interview Morgan Freeman falls asleep during live interview
    • ‘Rent is Too Damn High’ guy: ‘Anthony Weiner is a freak!’
    • 84-year-old NM woman indicted for drug trafficking
    • Anti-war protester shouts at Obama during speech
    • Obama defends his drone policy
  • What Your Friends Are Reading

  • More from theGrio

More Stories on theGrio

Top News

Politics

  • Michelle Obama (Photo by Chip Somodevilla/Getty Images)

    First lady makes Forbes' 'Most Powerful Women'

  • GOP leaders say Obama impeachment talk premature

  • Desiree Rogers appointed to Choose Chicago Board

  • Obama pledges urgent aid to Oklahoma town

» Read More in Politics

Business

  • An elderly black couple. © poco_bw – Fotolia.com

    Black Americans retiring earlier, with less savings

  • BlackStartup.com seeks to uplift black businesses

  • Payday loans: A debt trap in disguise

  • Tiger Woods makes a comeback on the course, and in video game sales

» Read More in Business

Living

  • A black couple on vacation

    Memorial Day staycation hotspots!

  • Worst foods for high blood pressure

  • Autism Speaks launches new campaign for Latino, black parents

  • The breast cancer genetic test folks are talking about

» Read More in Living

Inspiration

  • Television journalist Robin Roberts poses with her Peabody at the 72nd Annual Peabody Awards at the Waldorf-Astoria on Monday, May 20, 2013 in New York. (Photo by Evan Agostini/Invision/AP)

    Robin Roberts to write memoir about illness

  • Charlotte remembers 1963 desegregation 'eat-in'

  • Tornado survivor saved by teacher

  • Obama speech makes Morehouse grads 'proud'

» Read More in Inspiration

Entertainment

  • Paris Hilton (Getty Images)

    Cash Money Records signs Paris Hilton?

  • Comedians pay tribute to 'Bill Cosby: Himself' 30 years later

  • Ray J a 'huge fan' of Kanye West

  • Darius Rucker responds to racist tweet from country fan

» Read More in Entertainment

News

  • Protestors march outside of the Bank of America building in the Loop Financial district calling on the banking giant to renegotiate interest rate swap deals with the Chicago Public Schools on May 7, 2013 in Chicago, Illinois. The financially strapped Chicago public school system plans to close more than 50 schools at the end of this school year. (Photo by Scott Olson/Getty Images)

    Chicago Board of Ed votes to close 50 schools

  • Funeral program for Malcolm Shabazz released

  • Geno Smith signs with Jay-Z's'Roc Nation Sports

  • Attorney: Donald Trump lied on stand

» Read More in News

Main menu

Skip to primary content
Skip to secondary content
  • Politics
  • Living
  • Video
  • Inspire
  • Health
  • Entertainment
  • News
  • Terms of Service
  • Privacy Policy
  • Advertise with TheGrio
  • About
©2013 NBCUniversal
Powered by WordPress.com VIP