If Donald Trump is re-elected for a second term, he could potentially nominate a majority of the Supreme Court, a level of influence not seen in the United States since Franklin D. Roosevelt.
One of the biggest concerns for progressives is the possibility of liberal Justice Sonia Sotomayor retiring during a Trump presidency, which could further shift the court to the right.
Sotomayor, who would be 74 by the end of 2028, has expressed dissatisfaction with her workload and faced health issues due to diabetes, prompting calls from progressives for her to step down during President Biden’s remaining term.
If Sotomayor were to retire, only two liberal justices would remain on the court: Justice Elena Kagan, 64, and Justice Ketanji Brown Jackson, 54.
Trump-appointed justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett have already delivered significant wins for conservatives, including the overturning of Roe v. Wade in 2022.
Activist Andrew Tobias suggests that Trump could solidify his majority on the court for a long time by potentially replacing Clarence Thomas and Samuel Alito with younger versions of conservative justices.
Justice Clarence Thomas, a conservative figure and the longest-serving member of the current court, would reach 80 by the end of a second Trump term. Justice Samuel Alito, another conservative stalwart, would be 79.
Supreme Court justices serve lifetime terms unless they voluntarily retire.
Conservative attorney Mike Davis mentions that Justice Alito has already achieved his objectives and deserves retirement.
It is widely anticipated that Republicans will regain control of the Senate, which has the responsibility of confirming Supreme Court nominees.
Leonard Leo, co-chairman of the Federalist Society, notes that there are several US Court of Appeals judges who possess the necessary qualifications to serve as Supreme Court Justices.
As the court leans more conservative under Trump, progressive groups have become more interested in court-packing proposals to increase their influence. Vice President Harris has expressed openness to expanding the number of Justices on the court.