Please ensure Javascript is enabled for purposes of website accessibility

West Bank Town Becomes ‘Big Prison’ as Israel Fences It In

23 hours ago

Trump Says He’s Willing to Let Migrant Farm Laborers Stay in US

1 day ago

US Electric Vehicle Tax Breaks Will Expire on Sept. 30

2 days ago

Eyeing Arctic Dominance, Trump Bill Earmarks $8.6 Billion for US Coast Guard Icebreakers

2 days ago

Trump’s Sweeping Tax-Cut and Spending Bill Wins Congressional Approval

2 days ago

Americans Celebrate Their Independence With Record-Breaking Travel Numbers

2 days ago

US Supreme Court to Decide Legality of Transgender School Sports Bans

2 days ago

Nvidia Set to Become the World’s Most Valuable Company in History

2 days ago

Poll: 41% in US ‘Extremely Proud’ to Be American, Near Historic Low

2 days ago
On Guns, Abortion, High Court Could Become More Conservative
gvw_ap_news
By Associated Press
Published 5 years ago on
September 28, 2020

Share

WASHINGTON — If Congress confirms President Donald Trump’s nominee to succeed Justice Ruth Bader Ginsburg, the Supreme Court would become more conservative, and also perhaps more ready to tackle certain hot-button issues like abortion and guns. Chief Justice John Roberts would also likely become less able to steer the outcome in divisive cases.

Ginsburg, who died Sept. 18 at 87, was the leader of the liberal wing of the court, which had been split 5-4 between conservatives and liberals. Roberts had, on occasion, sided with the liberals. But if Trump fills Ginsburg’s seat, there will be six conservative justices, three of them appointed by him.

Here are several big issues that are poised to come before the justices where a more solidly conservative majority could make a difference:

Healthcare

A week after the presidential election, the court will hear arguments in bid by the Trump administration and Republican-led states to overturn the Obama-era health care law. In the midst of the coronavirus pandemic, coverage for more than 20 million people is at stake, along with the law’s ban on insurance discrimination against Americans with pre-existing medical conditions.

A more conservative court might be seen as more sympathetic to striking down the Affordable Care Act, but the court might still choose not to. The justices have less drastic options. For example, the court could invalidate “Obamacare’s” now toothless requirement that most Americans carry health insurance, and leave in place core provisions such as subsidized health insurance, Medicaid expansion and protection for people with medical problems.

Now that former President Barack Obama’s landmark law is more than 10 years old, its many provisions are fully baked into the health care system. Unwinding it would be a colossal undertaking, fraught with political risks.

President Donald Trump promised, but never delivered, a replacement.

Elections

Trump has said he wants Ginsburg’s replacement confirmed to the Supreme Court ahead of Election Day so that a full court can weigh in on any campaign-related litigation.

Speaking at the White House on Wednesday, Trump predicted the election “will end up in the Supreme Court, adding, “I think it’s important we have nine justices.” The 2016 election was conducted with only eight justices on the bench, however, after Republicans refused to hold hearings on President Barack Obama’s nominee to replace the late Justice Antonin Scalia.

It’s possible that an election-deciding case lands in the justices’ laps, as one did in the 2000 election between Republican George W. Bush and Democrat Al Gore. And liberals worry that a court with three Trump appointees would favor him in a dispute with Joe Biden.

But even if an election-deciding question doesn’t arrive at the justices’ doorstep, they have already weighed in on election changes states have made in response to the coronavirus pandemic. And more pre-election challenges are likely coming. So far this year the court has stopped other courts from altering election rules close to the election.

Abortion

Abortion rights advocates would seem to face insurmountable odds winning at the Supreme Court without Ginsburg.

Earlier this year, a divided Supreme Court struck down a Louisiana law regulating abortion clinics, reasserting a commitment to abortion rights. It was the first big abortion case of Trump’s presidency.

The 5-4 outcome turned on the vote of Roberts, who joined his four more liberal colleagues, including Ginsburg. The court addressed a law requiring doctors who perform abortions to have admitting privileges at nearby hospitals. The justices ruled that the law violates the rights established by Roe v. Wade, the 1973 decision that established a nationwide right to abortion.

But Roberts’ vote had to do with following court precedent rather than support for abortion rights. If a Trump nominee replaces Ginsburg, Roberts’ vote on the issue would likely become less decisive. And the addition of another conservative vote would likely spur states to test the boundaries of regulation.

Already, cases are headed to the court that would provide an opportunity to overturn or weaken Roe. v Wade. Those cases involve sweeping bans on abortions after six weeks or eight weeks of pregnancy.

Guns

The Supreme Court has for years been reluctant to take on new guns cases, but that could change under a more conservative court.

Last year, with two Trump justices aboard, the Supreme Court took on its first major gun rights case in nearly a decade. But the case ended with the justices sidestepping any major decision.

Gun rights advocates had hoped the court might use the case from New York City to expand on landmark decisions that established a right under the Second Amendment to keep a gun at home for self-defense. Instead, the justices ultimately threw out the case, citing changes in city restrictions and state law.

Three members of the court dissented, however, expressing concern that lower federal courts are not properly applying the court’s two big gun rights decisions from 2008 and 2010. Justice Brett Kavanaugh, who was among the justices who agreed the case should be thrown out, shared that concern, saying the court should address the issue soon.

Environment

After the president started pulling America out of the Paris climate accord, more than a dozen mostly Democratic governors were among those taking up the fight against climate-changing fossil fuel emissions themselves

A more conservative Supreme Court could doom those ongoing efforts, California Gov. Gavin Newsom said this week. Newsom said he’s “deeply anxious about what a 6-3 ideological majority on the court may mean to this conversation.”

But the outcome of the presidential election matters in this area too. A Biden administration could undo many of the dozens of Trump administration rollbacks weakening or eliminating many protections for the air and water and for people and wildlife.

Federal courts so far have rejected many of the rollbacks. Lawyers for environmental groups say if Trump were to win a second term and the makeup of the Supreme Court shifts significantly, they could be less likely to win if cases ultimately land there.

DON'T MISS

What Are Fresno Real Estate Experts Predicting for 2025 and Beyond?

DON'T MISS

First California EV Mandates Hit Automakers This Year. Most Are Not Even Close

DON'T MISS

Trump to Sign Tax-Cut and Spending Bill in July 4 Ceremony

DON'T MISS

Madre Fire Spurs Evacuations Across 3 Counties, Grows to More Than 70,000 Acres

DON'T MISS

Clovis, Sanger, Madera, and Bass Lake Will Light the Sky With Fireworks Shows Tonight

DON'T MISS

Oil Dips Ahead of Expected OPEC+ Output Increase

DON'T MISS

613 Killed at Gaza Aid Distribution Sites, Near Humanitarian Covoys, Says UN

DON'T MISS

Fresno County Authorities Investigating Suspicious Death of Transient Man

DON'T MISS

West Bank Town Becomes ‘Big Prison’ as Israel Fences It In

DON'T MISS

Israeli Military Kills 20 in Gaza as Trump Awaits Hamas Reply to Truce Proposal

DON'T MISS

Valley Crime Stoppers’ Most Wanted Person of the Day: Rachelle Maria Blanco

DON'T MISS

Russia Pounds Kyiv With Largest Drone Attack, Hours After Trump-Putin Call

UP NEXT

Americans Celebrate Their Independence With Record-Breaking Travel Numbers

UP NEXT

Poll: 41% in US ‘Extremely Proud’ to Be American, Near Historic Low

UP NEXT

Poorest Americans Dealt Biggest Blow Under Senate Republican Tax Package

UP NEXT

Poll: Most Americans Say National Divide, Political Violence Threaten Democracy

UP NEXT

Trump Pulls Back 150 Guard Troops From Federal Duties in California

UP NEXT

Suspect Identified in Ambush Shooting That Killed 2 Idaho Firefighters

UP NEXT

Suspect Identified in Ambush Shooting That Killed 2 Idaho Firefighters

UP NEXT

US Supreme Court Lets Parents Take Kids Out of Classes With LGBT Storybooks

UP NEXT

Bill Moyers, Broadcaster and LBJ’s White House Press Secretary, Dies at 91

UP NEXT

Tesla Executive, Elon Musk Confidant Leaves EV Maker, Bloomberg News Reports

Madre Fire Spurs Evacuations Across 3 Counties, Grows to More Than 70,000 Acres

22 hours ago

Clovis, Sanger, Madera, and Bass Lake Will Light the Sky With Fireworks Shows Tonight

23 hours ago

Oil Dips Ahead of Expected OPEC+ Output Increase

23 hours ago

613 Killed at Gaza Aid Distribution Sites, Near Humanitarian Covoys, Says UN

23 hours ago

Fresno County Authorities Investigating Suspicious Death of Transient Man

23 hours ago

West Bank Town Becomes ‘Big Prison’ as Israel Fences It In

23 hours ago

Israeli Military Kills 20 in Gaza as Trump Awaits Hamas Reply to Truce Proposal

24 hours ago

Valley Crime Stoppers’ Most Wanted Person of the Day: Rachelle Maria Blanco

24 hours ago

Russia Pounds Kyiv With Largest Drone Attack, Hours After Trump-Putin Call

24 hours ago

Boxer Chavez Jr Expected to Be Deported to Mexico to Serve Sentence, Mexican President Says

24 hours ago

How Trump’s ‘Big, Beautiful Bill’ Will Make China Great Again

Can you hear it — that loud roar coming from the East? It’s the sound of 1.4 billion Chinese laughing at us. Thomas L. Friedman The New Yo...

2 hours ago

Solar Farm in Riesel, Texas
2 hours ago

How Trump’s ‘Big, Beautiful Bill’ Will Make China Great Again

Caitlin Clark Signs T-Shirt
2 hours ago

What’s Caitlin Clark Worth to the WNBA? A Lot More Than Her $78,066 Salary.

President Donald Trump speaks during a press conference in the Roosevelt Room at the White House in Washington, D.C., U.S., May 12, 2025. (Reuters File)
22 hours ago

Trump to Sign Tax-Cut and Spending Bill in July 4 Ceremony

The Madre Fire burning near New Cuyama has scorched 70,801 acres as of Friday, July 4, 2025, afternoon, making it California’s largest wildfire of the year, with only 10% containment and multiple evacuation zones in place. (CalFire)
22 hours ago

Madre Fire Spurs Evacuations Across 3 Counties, Grows to More Than 70,000 Acres

23 hours ago

Clovis, Sanger, Madera, and Bass Lake Will Light the Sky With Fireworks Shows Tonight

A pumpjack operates at the Vermilion Energy site in Trigueres, France, June 14, 2024. (Reuters File)
23 hours ago

Oil Dips Ahead of Expected OPEC+ Output Increase

Palestinians gather to collect what remains of relief supplies from the distribution center of the U.S.-backed Gaza Humanitarian Foundation, in Rafah, in the southern Gaza Strip, June 5, 2025. (Reuters File)
23 hours ago

613 Killed at Gaza Aid Distribution Sites, Near Humanitarian Covoys, Says UN

Billy Wayne Sinisgalli, a 54-year-old transient known locally as Wayne, was found dead along a rural Fresno road Wednesday in what authorities are investigating as a suspicious death. (Fresno County SO)
23 hours ago

Fresno County Authorities Investigating Suspicious Death of Transient Man

Help continue the work that gets you the news that matters most.

Search

Send this to a friend