Supreme Court’s newest judge is Trump’s biggest stamp so far
President Donald Trump shakes hands with Supreme Court Neil Gorsuch in the Rose Garden of the White House White House in Washington, Monday, April 10, 2017, following a public swearing-in ceremony, for Gorsuch. Credit: AP / Carolyn Kaster
President Donald Trump’s travels to Puerto Rico on Tuesday and Las Vegas on Wednesday will have little real effect on the disasters that brought him there.
If the U.S. government changes strategies for helping hurricane victims or for deterring random violence, it is unlikely to result from Trump’s appearance in either place.
Starting this week, the far bigger impact of his presidency results indirectly -- from his having picked Neil Gorsuch for the U.S. Supreme Court earlier this year.
The court is convening with Gorsuch's presence restoring the 5-4 conservative majority that preceded the death of Justice Antonin Scalia last year.
Justice Ruth Bader Ginsburg, a Democratic appointee, recently told Georgetown law students: “There is only one prediction that is entirely safe about the upcoming term, and that is it will be momentous.”
In New York, the high court’s upcoming ruling in the case of Janus v. AFSCME stands to affect the most people.
If Gorsuch acts as expected, it will tilt the court in favor of voiding a long-standing practice by which municipal unions can collect fees in lieu of dues from workers who choose not to join.
The last case dealing with this issue, involving the California Teachers Association, was deadlocked 4-4 last year in the court after Scalia’s death.
The current case, arising out of Illinois, is now widely seen as likely to go against the unions, potentially taking millions of dollars from their coffers and shrinking their influence.
Just by being a Republican president with a GOP Senate, Trump could force a deeper makeover for the court in months and years ahead.
Justice Anthony Kennedy has been a “swing” vote despite being a GOP appointee. If he chooses to retire after this term, Trump would get to pick a younger conservative judge who could pull the court further rightward.
For now, the docket is full of items of intense partisan interest. A Wisconsin case could set a new standard for political gerrymandering and court watchers say Kennedy will probably play a crucial role.
The Trump effect ranges far from where the president goes and what he does on any given day. In this instance, it would probably be similar to the impact any other Republican president would have.
Dan Janison is a member of the Newsday editorial board.
