International
New term gives US Supreme Court’s justices more chances to wield power
The new US Supreme Court term that begins today presents opportunities for its two eldest and most conservative justices, Clarence Thomas and Samuel Alito, to help push US law further rightward on contentious issues such as gun rights, religion in public schools and voting restrictions.
Thomas, 78, has served on the top US judicial body since 1991, making him the second-longest-serving justice in American history. Alito, 76, has served since 2006.
Earlier in their tenures, they often found themselves in dissent in major decisions, but the court, with a 6-3 conservative majority since 2020, has shifted dramatically to the right. Thomas and Alito now are perhaps at the height of their influence and have been lavished with praise by Republican President Donald Trump.
If either were to retire, that would clear the way for Trump to nominate a younger conservative replacement who could serve for decades in the lifetime position. But, at least for now, according to legal experts, they appear more interested in wielding that power than stepping aside.
"They have been waiting for a long time to be in the position,” political science professor Kevin McMahon of Trinity College in Connecticut said of Thomas and Alito. "So why leave?”
During the court’s term that ended in June, Thomas and Alito helped deliver long-sought victories to the conservative legal movement. These included a ruling expanding presidential control over regulatory agencies, and a decision further limiting the scope of the Voting Rights Act, the landmark 1965 law intended to eliminate racial discrimination in voting.
Thomas and Alito have been Trump’s most reliable votes in cases involving his extraordinary exertion of presidential powers. More such cases are coming during the new nine-month term, including two involving Trump’s hardline immigration policies.
The justices also may take up a case examining whether a Texas law that requires public elementary and high schools to display the biblical Ten Commandments in classrooms comports with the US Constitution’s prohibition on the government establishing or endorsing any particular religion or promoting religion over nonreligion.
On December 2, the court will hear arguments over whether states can ban AR-15s and other semiautomatic rifles, an opportunity for the conservative justices to further expand gun rights. Thomas and Alito have been instrumental in major guns rulings since 2008.
On December 8, the court will consider whether Arizona can mandate that people registering to vote provide proof of citizenship, a Republican-backed measure critics have called an effort to make it harder for groups who tend to support Democratic candidates to register.
Legal experts said these cases give Thomas and Alito chances to build on some of their most influential earlier rulings and target more Supreme Court precedents they consider misguided.
"They have more they want to accomplish, and I expect them to keep pushing on a host of issues,” McMahon said, adding that they even may envision themselves serving as a check on a potential future Democratic president beginning in 2029.
"They’re still in their seventies,” McMahon said. "And for a Supreme Court justice, it’s not unprecedented that you stay on the bench well into your eighties.”
Thomas and Alito backed every major Trump administration policy that came before the court last term, unlike the three conservative justices Trump appointed during his first term — Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.
Those three all have compiled very conservative records as justices but in a few major cases sided against Trump.
Trump told Time magazine this week he regretted nominating all three, calling them disloyal.
"I gave them the position of a lifetime, and they vote against me often,” Trump said.
Thomas and Alito, on the other hand, are "legends, both,” Trump said last month after they dissented from a decision that blocked his plans to restrict mail-in voting.
"Alito and Thomas are the two who have figured out how to never get into Trump’s doghouse,” University of Minnesota political science professor Timothy Johnson said.
Alito rejected the notion that he is a rubber stamp for Trump and his administration, telling the Wall Street Journal in August: "I vote in every case the way I think the case should be decided. If that means a high correlation with what Trump wants, fine. If it means zero correlation with what Trump wants, fine as well.”
Speculation among court watchers about a possible vacancy has ramped up as the two men draw closer to the average age of retirement for Supreme Court justices since 2000 with the November 3 midterm elections looming.
If Democrats take control of the Senate, they could try to block Trump’s nominee to fill any vacancy created by the retirement or death of a sitting justice.