President Trump and the Supreme Court

The religious right is supporting Trump even though his personal and business life has been the negation of their values because he has promised to appoint judges who oppose abortion and gay marriage to the Supreme Court.  Given his pro-choice past, it is conceivable that he would renege on this promise if he were offered a really good deal on something else that was more important, but that is unlikely to happen, so the promise should probably be taken at face value.

That much is obvious.  The more interesting question, to me, involves the extension of federal power, and how the Court would react to it.  If Trump truly plans to govern as a strong man, he is going to need a Supreme Court that will acquiesce to it.  Will the Republicans on the Court, who have spent the last eight years fighting for federalism against Obama, go along?

It depends.  While Alito and Thomas are reasonably accomplished jurists, on issues that have strong partisan implications, they almost always follow the party line. You could probably expect them to accept the Trump agenda.  Kennedy, on the other hand, is a principled conservative with federalist and libertarian leanings who does not necessarily follow the party line;  that would put him in opposition to the strong man.  The Chief Justice, while a clear partisan, worries about public perceptions of the Court, and has voted accordingly on occasion. Trump could not rely on him 100 percent of the time.

In short, the current Court with a Trump nominee sitting in Scalia’s seat would still present problems for the strong man.  Only the death or resignation of one or more of the left-leaning justices would enable him to govern in the manner he desires.