Supreme Court nominations barely a mention at debates - 13abc.com Toledo (OH) News, Weather and Sports

Supreme Court nominations barely a mention at debates

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Another presidential debate has passed and no mention of the Supreme Court.  It's an important issue because the next president could make several nominations.

Of the nine justices on the U.S. Superme Court four are genrally considered conservative, four are considered liberal, and there's one swing vote.  But our next president could change the court for decades to come.

"The next president will get one or two supreme court nominations, that's how close Roe vs Wade is."

The only time the Supreme Court was mentioned in the 3- debates was during a brief discussion on abortion between Vice President Joe Biden and Republican challenger, Paul Ryan.  Biden talked about the liklihood of at least one resignation.

Ryan spoke about the nature of judges of the court.

"We don't think that unelected judges should make this decision."


This election could affect the court -- and the country-- for decades. 

University of Toledo law professor Evan Zoldan told 13abc, "The role of the court is to construe laws as they are written."

Zoldan believes the court *should not be* a political issue and is not disappointed the presidential candidates have not addressed the issue.

The justices decide perhaps 80 cases a year -- most of them aren't political at all. But in every election, an issue like abortion comes up and sometimes president's feel compelled to satisfy their political base by nominating justices with seemingly political viewpoints.

It does not always work.

Zoldan told 13abc reporter Bill Hormann, "I think the role of the job often pushes people in different direction than they might have been expected to have been in the nomination process."

That was the feeling after conservative chief justice John Roberts voted to uphold Obamacare, earlier this year.

Right now, the Supreme Court is made up of four conservatives, four liberals, and a moderate.

But justices Ruth Bader Ginsberg and Stephen Breyer are 79 and 74 years old.

Conservative Antonin Scalia is 76.

And moderate Anthony Kennedy is 76.

Any one of them could resign during the next presidential term.  Zoldan says Ginsberg is likely the first to be replaced but her replacement may have a different judicial temperment, saying, "I think that the Court probably is going to be less liberal than it is now if you want to divide it up like that."

Or perhaps, less conservative, depending on who gets to makes the nomination.

Professor Zoldan says,  the Court's role is not to bend to the popular whims of the day.

But nominations have become political and both sides believe judicial rulings are often political.

And that makes the Supreme Court important, even if the presidential candidates aren't talking it.

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