Replies

You are correct of course, but in recent history other than Nixon - have not seen or imagined it in my lifetime. I had a class in college on the history of SCOTUS. It has become far more divided in the three decades since and many of the cases it hears today were unimaginable when I was in college (prayer at a football game? - transgender training for kids - etc etc).

It is not possible to overstate the importance of SCOTUS appointments for a Presidential legacy and influencing the future. In some ways, it is the most important thing a President does IMO.

I would love for him to have 4 - especially the ones we expect. I could see Thomas retiring during Trump’s first term. Can’t wait to see the arguments from the left that Trump has to appoint a liberal to replace a liberal..... you know they will scream and chant this.

In 1968 Earl Warren told LBJ that he would retire effective on his successor being confirmed. LBJ picked Abe Fortas (already an associate justice) but conservatives blocked his confirmation. Warren retired in 1969 and Nixon then replaced him with Warren Burger. Meanwhile Abe Fortas resigned over an ethical issue...so Nixon had two vacancies to fill right away. Reportedly Warren would have stayed on if he had realized that Nixon would get to pick his successor (he died in 1974 so eventually Nixon might have gotten to pick his successor...but that happened a month before Nixon resigned so more likely Ford would have made the choice).

Warren may have felt that Nixon double-crossed him in 1952. Warren was a "favorite son" candidate from California at the Republican National Convention and Nixon, as senator from California, was expected to support him, but Nixon backed Eisenhower instead. But of course Warren wanted the Court to continue on its liberal course. I think Ike said picking Warren was his worst mistake, or one of his worst mistakes.