The political earthquake that hit Tuesday night has enormous consequences for the future of the Supreme Court, swallowing up Judge Merrick Garland’s nomination and dismantling Democratic hopes for a liberal majority on the high court for the first time in nearly half a century.
In the short term, Donald Trump’s victory means that at some point next year, the nine-member court will be restored to full capacity with a majority of Republican-appointed justices, just as it has been for decades.
Trump’s upset victory likely changes the court’s docket, as well: With a stroke of the pen, the new president could cancel President Obama’s regulations regarding the environment, immigrants, and the provision of contraceptives under the Affordable Care Act, all issues that have preoccupied the justices in recent terms.
The long-term question will be Trump’s ultimate impact on the court’s membership and further down the line on the rest of the federal courts, where numerous openings on the bench await nominations.
Besides replacing Justice Antonin Scalia, who died in February, Trump may get the chance to replace liberal justices and move the court to the right for generations.