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The Supreme Court has become a monster in American politics — with past and present justices influencing politics, policy and the media at warp speed.
While the court is “acutely aware of the political stakes,” its motto is “Fairness for all,” Justice Anthony Kennedy, a swing vote, said recently.
And that has experts watching.
“Right now the court is operating with a great deal of flexibility, particularly with respect to issues where the President’s appointees in the future will probably lose,” said Floyd Abrams, a leading First Amendment lawyer.
Abrams, on CNN’s “New Day,” pointed to the appointment of Justice Samuel Alito, as a result of a Republican president’s time in office. The court is now “totally Republican” – it’s all 8-1 right now, he said.
The appointment of Justice Neil Gorsuch, the new judicial conservative on the court, adds further partisanship, Abrams said. And the “huge impact of Kennedy’s retirement” that could be had by President Donald Trump could make it hard for any justice – a Democrat or a Republican – to be confirmed.
But, he added, it’s still unclear what the court will ultimately decide on those various cases.