Lasting Legacy

“Wow, what a great idea. Nobody has ever suggested that to me. Wow, I love that.” That was Hillary Clinton’s response when a young woman at a campaign rally in Iowa asked if she would consider nominating President Obama to the Supreme Court if she’s elected president. Only one other former president served on the Supreme Court after serving as president. President William Taft, a Republican, was president for only one term from 1909-1913. Eight years later, he was nominated as Chief Justice by Republican President Warren Harding in 1921. Taft served until his death in 1930. Taft had been a federal judge earlier in his career, and always aspired to be named to the Supreme Court more than he ever did to be president. He said serving on the court was his greatest honor, “I don’t remember that I ever was president.”

Appointing justices to the Supreme Court is one of the most important powers of a president. It leaves a legacy that impacts the lives of Americans forever. When Taft was president, he appointed six justices in just four years. That’s the third most by any president. Justices are appointed for life. Many serve for decades. When the next president is sworn in next January, four of the nine justices will be 77 years old or older. Ruth Ginsburg will be 83 years old. Antonin Scalia will be 80. Anthony Kennedy will be 79. Stephen Breyer will be 77. The average age of all the justices next January will be 75. Right now the court is split between conservatives and liberals. Ginsburg and Breyer usually vote on the liberal side. Scalia is the dominate conservative, and Kennedy has been the all important swing vote on many cases.

While the president gets to nominate a person for the seat on the court, the Senate must confirm the nomination with a majority vote. So the party that controls the Senate has the final say, and the Vice President, who is president of the Senate, has any tie breaking vote. Decisions made by the court affect every American as no other action by the federal or state governments. Most people can’t name the nine justices, never mind how they vote on issues. Your vote for president and for your US senator will impact generations.

Some cases that changed our lives:

Dred Scott v. Sandford-1857- The decision established that slaves were not citizens of the United States and were not protected under the constitution. It was later overturned by the 13th Amendment, which abolished slavery in 1865, and the 14th Amendment in 1868 which granted citizenship to all born in the US.

Plessy v. Freguson-1896-The decision established the rule of segregation, separate but equal. Homer Plessy, a man one-eighth African American, was arrested when he tried to violate a Louisiana law and sit in a train car reserved for whites only. He lost.

Brown v. Board of Education-1954-This overturned Plessy and granted equal protection under the law, and stopped segregation in public schools. It was a unanimous decision.

Gideon v. Wainwright-1963-Guarantees everyone’s right to have a lawyer.

New York Times v. Sullivan-1964-The court ruled the First Amendment protects free speech and freedom of the press of all statements about public officials made without malice.

Miranda v. Arizona 1966- Everyone knows this one. “You have the right to remain silent…”It protects us against self incrimination.

Roe v. Wade- 1973-One of the most debated and fought over cases in history. The right of privacy includes a woman’s right to choose pregnancy or abortion. The vote was 7-2.

Citizens United v. FEC-2010-A case which has changed the way political campaigns can be supported. The court ruled corporations can contribute unlimited amounts of money to political action committees under the First Amendment’s right to free speech.

Dept. of HHS v. Florida-2012-The court ruled the Affordable Care Act, Obamacare, was constitutional. It was a 5-4 vote with the deciding vote cast by Chief Justice John Roberts who was considered a conservative and was appointed by Republican George W. Bush.

These are just a few examples of thousands of cases over our history. These are issues that dominate the American political dialogue. The next president, especially if they serve two terms, will completely change the face of the court. With nine justices, one vote changes history. The right argument before the court can change minds. Most Republicans didn’t expect Chief Justice Roberts to save Obamacare.

The chances of Hillary Clinton nominating President Obama for the Supreme Court, if she’s elected, I would say are about zero. Today, former presidents spend their later years raising money for their libraries, making millions writing their memoirs and making speeches, and promoting causes. The title of Mr. or Madame President is our most important. The people they choose for the title of justice will be their real lasting legacy.