Skip to content
Wednesday 12 August 2026London --:--Frankfurt --:--Zurich --:--
NewslettersSearchEN · DE
MorningWire

European business, markets and politics

FTSE 100
10,848.15
+0.04%
DAX
26,504.32
+0.43%
CAC 40
8,709.24
-0.07%
STOXX 50
6,566.56
+0.23%
  • Europe
  • Markets
  • Business
  • Economy
  • Technology
  • Politics
  • Opinion
More
GermanyFranceBankingAIEnergyFintechPropertyCapital Markets
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Economy
  • Technology
  • Politics
  • Opinion
  • DE
Wednesday 09 November 2016 3:57 pm

Why the US Supreme Court could be in for a change from Trump

By: Hayley Kirton

Add as a preferred source on Google

Donald Trump's election could not only change the political landscape of the US, but the legal layout too.

The country's Presidents are responsible for nominating new justices to Supreme Court whenever there happens to be a free slot going. Following the passing of Antonin Scalia in February, there's currently a seat that needs to be filled.

The eight justices currently seated are delightfully evenly split between liberals and conservatives, so Trump's nomination is likely to shift the balance over to the conservative side. The now President-elect has previously drawn up a shortlist of potential people, including US senator and Republican party member Mike Lee.

Read more: These are Donald Trump's policies on tax, trade deals, China and M&A

President Barack Obama had been expected to make the appointment himself during the course of his administration. However, his nomination, Merrick Garland, the chief judge of the US Court of Appeals who has garnered favour from both Democrats and Republicans over his career, has failed to gain approval from the senate.

Scalia himself was a strong conservative voice, however, so anybody Trump slots into the role is more likely to represent a return to the norm than a drastic change in thinking. 

Read more: Is this the official death of political polling?

However, the balance could be well and truly be shifted should any of the other judges step down during the next four years, particularly if it happens before the mid-term elections in 2018, when there will certainly still be a Republican-dominated senate. 

The probability of Trump getting to put up more than one judge is reasonably high, too. For example, liberal justice Ruth Bader Ginsburg has been fending off speculation that she is about to retire for the last few years, while it's worth noting both Obama and Bill Clinton were responsible for the appointment of two justices each, and Ronald Reagan and Richard Nixon both nominated three. 

Read more: America’s nervous breakdown leaves the free world without a protector

However, Trump will not be able to remove and replace justices at his leisure. Supreme Court justices have life tenure so only leave their role on death or retirement. It is theoretically possible for a justice to be removed by impeachment, but this is extremely unlikely. Only one justice has ever been impeached, back in the early 19th century, and even he managed to keep his post after being acquitted by the senate. 

[custom id="186"]

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • News

Categories

  • Business
  • Legal
  • Politics

Trending Articles

  • Five-star Mayfair hotel hit with HMRC winding-up petition

  • Nottingham Forest owner Marinakis sues Crystal Palace for defamation

  • Back to basics: Sainsbury’s gradual retreat from the British high street

  • Hargreaves Lansdown orders staff back to office

  • As it happened: Intel, Arm shares slide; Oil climbs higher

More from Morning Wire

  • City watchdog suspends parts of £9bn motor finance scheme after industry backlash

    Banking
    The FCA has appointed Liam Coleman interim chair of the FOS.
  • ‘I thought this would be drama-free’: Games Workshop pockets tariff reprieve

    Retail
    Games Workshop joined the FTSE 100 at the end of last year.
  • Triumph for Tesla as top court rules 5G licensing case should be heard in UK

    Lawsuit
    Tech billionaire Elon Musk has been asked to serve in Donald Trump’s cabinet. (Photo by Apu Gomes/Getty Images)
  • Luton Airport expansion set for take-off after environmental challenge dismissed

    Transport & Infrastructure
    Luton Airport aerial view with planes, runways, and terminal buildings, highlighting busy travel hub operations
  • As it happened: FTSE 100 rises to defy tech gloom; oil creeps up on fresh Iran tensions

    Markets
    Donald Trump with hand on chin, appearing contemplative during a public event, wearing a suit and red tie.
  • Gatwick expansion green-lit as court throws out activists’ appeal

    Transport & Infrastructure
    20m passengers have flown through Gatwick this year
  • As it happened: Stocks jump as oil drops below $100; Trump in tariff blitz

    Markets
    Donald Trump speaking at a press conference with microphones, blue sky background
  • Thin end of the wedge? LLPs brace for major tax overhaul

    Tax
    Canada
MorningWire

Independent European business, markets and political news for decision-makers.

Morning Briefing

Europe

  • Germany
  • France
  • Europe
  • UK & Ireland

Business

  • Markets
  • Banking
  • Technology
  • Energy
  • Property
  • Fintech

Editorial

  • Opinion
  • Editorial Policy
  • Corrections
  • Contact

Company

  • About Morning Wire
  • Privacy Policy
  • Terms of Use
  • Cookie Policy
© 2026 Morning Wire Ltd · Published by Morning Wire Media, Bahnhofstrasse 65, 8001 Zürich, Switzerland
Privacy · Terms · Cookies · Facebook