The fact that Trump gets to pick another Justice to the Supreme Court is nothing less than a horrifying axe to the entire Social Fabric of America. In future years, it will become painfully clear what a radically Conservative Court can do to this country as legal challenges to various laws get overturned. Oftentimes, Kennedy was the swing vote that upheld laws protecting workers, gay people, women, and people of color, our health care, income inequality, immigrants and the environment. Trump’s pick will most certainly be someone ready to destroy many of these protections.
However, there are still several factors that will determine just how radical this nominee can be. First is that the Senate, who will be approving any nominee, is split 51 to 49. That means that if all Democrats stick together to reject the nominee and if 2 Republican Senators decide that the nominee is too radical for our modern times, then Trump will have to choose another candidate. Susan Collins and Lisa Murkowski are both pro-choice moderate Republicans and a few Senators, like John McCain, might still have enough back-bone to reject a nominee.
Looking forward, even if Collins and Murkowski defect, it’s possible that Democrats from Conservative States who are up for reelection might vote to confirm. Democratic unity might not hold. So the point here is that the outcome of the Senate approval process is by no means determined. This drama still needs to play out and the next few months will certainly be historic.
Furthermore, being an election year, although a stronger Conservative Court is a Republican’s dream come true, to run for re-election when so many people (I would even argue when a majority of Americans) will feel threatened by the new Conservative Supreme Court is going to be problematic. Especially as people wake up to the details of what a Congressional approval means.
Threats of a Blue Wave linger even now, as time and again, in special election after special election, the citizenry is rejecting the Republican agenda. Even rejecting it in states like Alabama. If in fact Congress approves a Trump nominee, the fallout for Republicans could decimate any chance of holding power in the Senate or the House. It will certainly be difficult to gather any support from a vast majority of Americans, who will want to retaliate against the immediate threat that a new Supreme Court will mean for their lives.
What needs to happen starting today is everyone who feels threatened by this turn of events must contact Republicans Collins and Murkowski and insist they accept only a moderate Justice, and contact those Conservative Democratic Senators that will feel the pressure to go along with Trump's pick.
Finally, if it plays out that a Gorsuch type Justice is approved, be sure you're living in a BLUE STATE.