The late Justice Antonin Scalia warned that nominating federal judges had become an “eminently political, results-oriented process.” In recent years, that concern has only intensified. In my recent op-ed, I highlighted the stakes of a Supreme Court vacancy, focusing on the Court’s voting dynamics and possible implications for constitutionalist rulings if the next justice fails to be an exceptional nominee. I pointed out that if either Justice Samuel Alito or Justice Clarence Thomas, the Supreme Court’s two most dependable originalist anchors, were replaced by someone with a less consistent constitutionalist approach, the entire voting balance on the Supreme Court could shift dramatically.
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