By Walker Wildmon for DAILY CALLER
President Donald Trump’s recent mention of Republican Texas Sen. Ted Cruz as a potential Supreme Court nominee as well as current speculation that Justice Samuel Alito may retire this year has renewed focus on when the next Supreme Court vacancy might occur and what it could mean for the Court.
The Supreme Court is often described in terms of its outcomes, but far less attention is paid to the philosophies that produce those outcomes.
Today’s Court operates less like a rigid 6-3 Court with six conservatives and three liberals, and more like a 2-3-1-3 Court. Seen through this structure, the “2” first votes are the most reliably constitutional votes of Justice Clarence Thomas and Justice Alito. Therefore, the replacement of either of these anchor Justices would mark a turning point — one that could reshape the Court and possibly jeopardize the ability of constitutionalists to continue securing major Supreme Court victories on issues central to American justice.
Thomas and Alito consistently exercise a constitutionalist and originalist approach, interpreting the Constitution based on its original public meaning at the time of adoption. The next “3” votes are Justices Brett Kavanaugh, Amy Coney Barrett and Neil Gorsuch. Of course, they are unique, but most often are found between the Thomas/Alito block and the vote of the Chief.
