With every passing day, the quacking from the lame duck in the White House gets louder. As of today, there is a better than average chance that his successor will be a Democrat. He will enjoy the use of all of the new powers that SCOTUS has granted him over formerly independent agencies and the executive branch, not to mention the immunities provided from criminal prosecution. How will SCOTUS respond over the next two years?
The justices claim they don’t pay any attention to polls or election returns. There is every reason to believe that Thomas, Alito, and the three liberals will follow their own advice. For the others, however, the next two years will be a minefield. Gorsuch and Roberts in particular would be wise to make a display of their independence from Trump’s agenda if they want to avoid allegations of hypocrisy when they inevitably vote to restrain executive power during the next Democratic administration.