So many of the important decisions of the United States Supreme Court are decided by a single vote.
Often that vote is Anthony Kennedy. Not a bad single vote to have, considering the alternatives.
What if Kennedy’s single vote didn’t matter anymore because Kennedy or one of the four solidly conservative members of the Court retired, became ill, or died, and was replaced by an Obama nominee?
Food for thought: Justices Scalia and Kennedy each were born in 1936.
Obama would have the opportunity to shape the Court for a generation, not just to replace liberal Justices with other liberal Justices.
CBS News’ Jeff Greenfield refers to this as The (Possible) Mother of All Battles
Who do you want Chairing the Senate Judiciary Committee in such event, Pat Leahy (D-VT) or Jeff Sessions (R-AL)?
Assuming Democrats retain control of the Senate, and Leahy is Chair, do you want Democrats to have to flip just 2-3 Republican Senators, or 6-7, in order to break a filibuster?
It is going to take years to undo the Obama economic disaster, but it can be accomplished through Congressional elections every two years, and particularly the 2012 presidential election.
But if Obama gets his way in tilting the Court, there would be nothing anyone could do about it for multiple decades.
Given reasonable life expectancies, we will be talking about Justice Sotomayor 20 years from now, and Justice Kagan 30 years from now. Two more in the same mold plus Justice Breyer, and the next presidential election may not matter as to the balance of the Court.
So prepare for The (Possible) Mother of All Battles now.
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