Many lawmakers are considering the 2024 election as a pivotal point to influence the future of the Supreme Court, as rumors swirl about the potential retirements of conservative Justices Clarence Thomas (75) and Samuel Alito (73).
Democrats fear that if Biden loses his reelection bid and the GOP gains the Senate majority, Republicans could replace both men with younger conservatives who may hold power for a long time.
According to Senator Debbie Stabenow (D-Mich.), who will be retiring at the end of 2024, Biden must be able to appoint more federal judges, including Supreme Court judges.
While she expressed confidence in his reelection, she also emphasized the importance of the Senate remaining under Democratic control.
Stabenow cautioned that if the Republicans take control of the White House and Senate and replace Thomas and Alito with younger conservatives, it could have a negative impact on privacy and personal freedom, pointing to the Supreme Court’s recent ruling that overturned the right to an abortion and raised questions about other 14th Amendment rights.
Republicans also consider next year’s elections to be high stakes because of the High Court.
Republican Senator Josh Hawley (Mo.), a member of the Senate Judiciary Committee, noted that it was likely “the next president will have a chance to appoint another member of the court,” suggesting that there could be another retirement between now and 2028.
Hawley suggested that replacing older conservative Justices like Thomas and Alito with younger ones could establish a lasting majority. However, he acknowledged that it’s difficult to anticipate how a Justice’s views may change over their tenure on the Supreme Court.
Currently, the Supreme Court consists of a majority of Republican-appointed judges, with Chief Justice John Roberts being the most probable swing vote after Justice Anthony Kennedy’s retirement in 2018. Roberts is 68 years old.
