By Jeff Davidson ,
As Donald Trump has touted, one of his proudest first-term accomplishments was to nominate three eventual Supreme Court justices: Gorsuch, Kavanaugh, and Coney Barrett.
Some Stay True, Some Don’t
Justice Kavanaugh has usually held the line, relying upon the U.S. Constitution as his north star. Justice Gorsuch has been fairly consistent. Amy Coney Barrett is becoming a liability to conservatives. It is speculated that she has been extorted. Perhaps she fears for members of her family if she does not yield to Leftist causes.
In any case, Barrett is one of Trump’s greatest mistakes, similar to what befell Ronald Reagan when Sandra Day O’Connor started crossing the line from her conservative values to agree with Leftists. And then, there is George W. Bush’s appointment of John Roberts.
Chief Justice Roberts is demonstrably weak and has flip-flopped on many occasions. Perhaps he is being blackmailed by someone with knowledge of his extra-circular activities, but who knows? Regardless, the alleged conservative, six-to-three majority on the court often ends up being five-to-four, or worse, four-to-five.
No Time to Dally
In President Trump’s remaining +44 months in office, two monumental appointments are needed to ensure that vigorous, non-wavering conservatives will be added to the court and will remain in place for decades to come.
Clarence Thomas turns 77 on June 23. For much of his career he said little, listened carefully, and wrote brilliant arguments. In recent years he has spoken up more and, under fire from the Left professionally as well as personally, has stood his ground. It is remarkable that in 1991 he weathered what he termed a “high-tech lynching,” and for 34 years has proven to be a wise choice by George H. W. Bush.
Samuel Alito, also a consistent conservative who takes his cues directly from the U.S. Constitution, is now 75 years old. He has become one of the better justices in modern times, and the credit goes to George W. Bush for selecting him.
If only we could clone both justices!
We’re Going to Miss You
True conservatives don’t want to see the departure of champions like Justice Thomas and Justice Alito. The most prudent path, however, is that long before Trump’s term is over, and preferably before the 2026 mid-term elections, both Justices retire to make way for new, younger, strong conservatives.
Hanging on too long has its consequences. Ruth Bader Ginsburg never met a clause in the Constitution that she felt couldn’t be ignored. She was the darling of the Left for decades. She thought she could serve well past the time that others strongly suggested she retire in favor of a younger, liberal justice.
Ginsburg, of course, died while in office, enabling Trump to select Amy Coney Barrett. While Barrett is a five-star disappointment, Trump at least had had the opportunity with Ginsburg’s passing to flip one highly liberal justice for a presumably conservative justice.
Fool Me Once
Trump won’t make the same mistake. He will vet and re-vet and vet again whomever he nominates, knowing that this will be a crucial aspect of his second term.
The monumental question nonetheless arises, will Justice Thomas and Justice Alito, recalling Ruth Bader Ginsburg’s fate, step down accordingly? Alito has balked at this notion. He is not in jeopardy health-wise. Thomas is on the mend from 2024. Both could ably serve for many more years to come. The greater issue, however, is preserving the tenuous, conservative majority on the court and populating it with others who will not waver.
Both justices, understanding the landscape, could step aside within three years or, better yet, before the mid-terms. Departing sooner rather than later will give President Trump sufficient time to ensure that whomever he selects will make it through the process.
51 Votes Will Do
Republicans no longer need 60 votes in the Senate to confirm a new justice. A mere 51 votes will do. Currently, they have the 51 and then some, but November 3, 2026 beckons. It appears that the GOP will hold the Senate, but let’s not roll the die.
If neither justice retires before the midterms, given that the Republicans do retain the Senate, it is vital that both justices bid adieu before 2028. Their legacies are well established, and each can retire knowing that he served his country well.
++++
Jeff Davidson is “The Work-Life Balance Expert®” and the premier thought leader on work-life balance, effectiveness, integration, shift, blend, and harmony. Jeff speaks to organizations that seek to enhance their overall productivity by improving the effectiveness of their people. He is the author of Breathing Space, Perfect Timing, Simpler Living, Dial it Down, and Everyday Project Management. Visit BreathingSpace.com or call 919-932-1996 for more information on Jeff’s keynote speeches and seminars.
