Some What-ifs...related to the Supreme Court

Now for some what ifs regarding the Supreme Court.

What if the liberals gain a majority in both houses of Congress?

What if a bad recession or depression hits by the end of 2019, or beginning of 2020, and a liberal/Democrat/socialist becomes president?

What will happen to the Supreme Court justices? I believe a few are looking at retirement. Are they waiting to see what happens to in the next presidential term? If a liberal president is voted in, will we see multiple justices be appointed within a short time?

In several posts I've laid out some possible presidential scenarios. Here is one, with the Supreme Court added in:


  • 2018 -- mid-term elections. Democrats win majority in one (or both) houses of Congress. There is a possibility that Justice Kennedy will retire in summer 2018. If he does, a conservative judge will likely replace him. But if he doesn't retire in 2018, and Democrats gain a majority in one or both houses of Congress, then a conservative replacement becomes less likely.
  • 2019 -- Democrats bring impeachment case against President Trump. Towards the end of the year the economy enters into an economic recession or depression. Trump will likely resign, or be impeached (if the Democrats have majority in both houses of Congress). There's a small, but unlikely, chance Trump may die. Vice President Pence becomes president. One Supreme Court Justice will likely retire (or die) late 2019 or early 2020 (Kennedy and, possibly, Ginsburg). If Democrats win majorities in both houses of Congress, no conservative judge will be considered, they will hold out until after the 2020 presidential election.
  • 2020--. Recession/depression becomes big influence on the election. Presidential election results in Democrat candidate winning vote. Odds are high Democrats will win majority in both houses of Congress. What happens if Pence is killed (along with his VP and the next in line) sometime early to mid- 2020?
  • 2021--Another Supreme Court Justice seat will open up (Breyer) with a Democrat president and majority in Congress. Most likely the Supreme Court will shift towards the liberal side, with new Justice(s) being quickly confirmed by Congress. 


Justices Thomas and/or Alito may end up retiring (or die) during the next year or two (before the mid-term elections in 2022). If one or both retire, most likely it will be the result of some behind-the-scenes forces (Death threats? Maybe the lure of a lucrative news consulting option?)

If the Democrats win the majority in both houses of Congress in 2018, it is unlikely any new justices will be appointed (confirmed by Congress) until after the 2020 presidential election, and the new president is sworn in.

If Kennedy doesn't retire in 2018, his seat will be open. He is a centrist judge. If he retires in 2018, a conservative will replace him. If his retirement comes in 2019, he will most likely be replaced by a liberal, because Congress will probably refuse to hear and confirm a replacement until after the 2020 election. If he's not replaced until 2021, this will make the Supreme Court equal with 4 liberals and 4 conservatives until then.

Ginsburg will retire in 2021 (under a Democrat president) leaving her seat open. As a liberal, she will retire when a liberal can replace her.

Breyer, a liberal from California, may decide to retire in 2021 (under a Democrat President) so a younger liberal judge can replace him.

Assuming Kennedy doesn't retire in 2018, the Supreme Court will likely swing liberal in 2021. If he does retire in 2018, the court will keep its current makeup until 2021.

The next two oldest Justices are both conservatives. Conservative justices Clarence Thomas and Samuel Alito will be 72 and 71, respectively, in 2021. This is normally too young for normal retirement from the Supreme Court. But Thomas will have served for about 30 years, and Alito will have 15 years in the Court.

My guess is Alito will probably retire, and then become a news consultant for Fox News. His retirement may also stem from health and/or family concerns. In any case, the odds are high his retirement will end up making the court liberal. If Kennedy doesn't retire in 2018, then the court will become strongly liberal in 2021.

Once the court is liberal leaning, and especially if it strongly liberal, then from 2021-2024 there will be a long series of same-sex/LGBTQ+ related victories, and so-called "tolerance" and "anti-bigoted" rulings. There will be defeats for religious freedoms, free speech, and second amendment rights.

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