The new session of the Supreme Court has begun, and the full effect of Donald Trump appointees Neil Gorsuch and Brett Kavanaugh will now, likely, be felt.
While it is true that Gorsuch and Kavanaugh are not “twins”, to expect any major surprises in constitutional law in this 2019-2020 term are highly unlikely, as right wing law looks in the ascendancy.
What the Court decides ends up as the law of the land, and for progressives, it does not bode well on the issues of abortion, gay rights, gun rights, immigration, separation of church and state, and the growth of Presidential power.
The fulcrum of the Court, Anthony Kennedy, is now retired for a year, and the only hope to avoid extreme right wing judgments is if Chief Justice John Roberts, who has been a surprise a few times in his views on the Court in recent years, becomes the new “swing” vote on the Court this term.
Roberts might also preside over an impeachment trial of President Donald Trump, who he, clearly, has been critical of in a number of ways, and the Court could limit Trump’s Abuse of Power, beyond Roberts presiding over an impeachment prosecution.
Since Roberts is worried about the image of “his” Court, some surprises may be in the offing, and of course, progressives will be watching the health and stability of Ruth Bader Ginsburg, now 86, having survived a third and fourth cancer, and wondering if she will be able to continue on the Court into the next Presidential term in 2021.