The next president, be that John Kerry or George W. Bush, will probably get to name as many as four new Supreme Court Justices. Why is that important to you? Personal privacy, civil rights, the environment, reproductive rights, workers' rights, and separation of church and state, just to name a few.
Through their interpretations of the U.S. Constitution and the effect of those interpretations on local, state and federal laws, Supreme Court justices, nominated by the president and confirmed -- for life -- by the Senate, impact the daily live of Americans for years after any presidential term.
The makeup of the Supreme Court has not changed since 1994, with the confirmation of Justice Stephen Breyer, the longest interval without a Supreme Court vacancy in 181 years, since the administration of James Monroe in 1823. Over the past 50 years, there has been a vacancy on the average of about once every two years. Between 1969 and 1972, four vacancies were filled, with five filled between 1986 and 1991. Clearly, the Supreme Court is due for some changes over the next four years.
Over the their last several terms, many of the Court's rulings involving fundamental constitutional issues have been decided by 5-4 or 6-3 decisions. The power to name multiple justices will be the power to shape the Court’s approach to issues like privacy, religious liberty, civil rights enforcement, environmental protection, and more, for decades to come.
According to most qualified observers, conservative justices hold a 5-4 majority on the current Court, represented by Justices Sandra Day O'Connor, Antonin Scalia, Anthony Kennedy, Clarence Thomas and Chief Justice William Rehnquist. All five conservative Justices were appointed by Republican presidents Nixon, Reagan and Bush, Sr.
President Bush has cited Justices Antonin Scalia and Clarence Thomas as his models for future Supreme Court nominees.
Unfortunately, too few Americans consider the future composition of the Supreme Court when deciding which presidential candidate to vote for.
"Most Americans have only a vague sense of the impact that Supreme Court decisions have on their daily lives – and of the impact that this November’s election could have on the rights, freedoms, and legal protections enjoyed by their children and grandchildren," stated Ralph G. Neas of People for the American Way in a press release. "The power to name multiple justices will be the power to shape the Court’s approach to issues like privacy, religious liberty, civil rights enforcement, environmental protection, and more, for decades to come."
