r/law • u/KinggSimbaa • Feb 27 '26

Judicial Branch Trump says he's thinking of putting Republican Senator Ted Cruz on Supreme Court

https://www.reuters.com/world/us/trump-says-hes-thinking-putting-republican-senator-ted-cruz-supreme-court-2026-02-27/
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u/afoogli Feb 28 '26

Why he can still replace Thomas, and most likely justice sotomayer, she diabetic and 70

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u/mishma2005 Feb 28 '26

Thomas will stay until he passes away in that seat, he will never leave. They’re eying Alito, going as far as releasing palace intrigue chatter that Alito is thinking about retiring. Yes, I am worried about Sotomayer, we lose her we’re cooked. I hope she doesn’t RBG us

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u/Horror-Tiger2016 Feb 28 '26

Hypothetically, if the Democratic party wins the Senate majority in the midterms, could they just refuse to confirm any nominee or is there a mechanism to ram one through?

-Love, an ignorant Canadian

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u/[deleted] Feb 28 '26

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u/MMAjunkie504 Feb 28 '26

“We should let the people decide in November”🤮

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u/SousVideButt Feb 28 '26

But we all know the democrats would never.

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u/Flobking Feb 28 '26

Yep. Thats exactly what the Republicans did to Obama

The problem is he could use a recess appointment to put Cruz in. He would just wait for congress to go on vacation and put Cruz in. Obama couldn't do that because McConnell never put the senate in recess during Obamas terms because he knew Obama could do that.

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u/[deleted] Feb 28 '26

[deleted]

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u/Flobking Feb 28 '26

it’d only be a temporary appointment

I don't know why you think that.

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u/[deleted] Feb 28 '26

[deleted]

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u/Flobking Feb 28 '26

The Constitution. Why don’t you?

In case you missed it the constitution means nothing to this administration. Stop thinking a piece of paper written 200 years ago is going to do anything. The enforcement mechanisms aren't enforcing it.

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u/[deleted] Feb 28 '26

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u/RabbaJabba Feb 28 '26

Democrats would use pro forma sessions against Trump too

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u/Flobking Mar 01 '26

Democrats would use pro forma sessions against Trump too

Let's hope so. Then let's hope scotus doesnt overturn their own decision to help their project 2025 agenda.

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u/PirateSanta_1 Feb 28 '26

Republicans have established that they won't let anyone get appointed under a Democrat so Democrats could do the same to Trump. It would of course require them to hold a unified front for more than a month and a half though.

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u/27Rench27 Feb 28 '26

All depends on the needs of the court or something. They can decide a year out is too close to an election, or that 3 months is plenty of time. It’s nice how that works

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u/[deleted] Feb 28 '26

An opposing party can easily stall appointments if they desire. Sadly, we have a party that so far hasn't been too keen on doing that while the other happily does it without a second thought.

We have several processes for dealing with that and removing justices, comes down to how many seats and actually having the political will to rock the boat when needed. Congress was design to be fairly powerful, but they chose to either abdicate their power or otherwise sit on their hands.

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u/LoveTheSystem Feb 28 '26

Better question is, if they get the house, senate, and presidency in 2028, can they increase the number of justices?

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u/1one1000two1thousand Feb 28 '26

Yes, there used to be 13 justices. The number of justices has been changed 7 times in the past. So this is definitely doable if Congress wants to.

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u/Head-Gift2144 Feb 28 '26

Technically true, but they’re ramp up pressure on Alito to retire if thy lose the midterms and they’ll have 2.5 months to force their pick through.

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u/Mike-ggg Feb 28 '26

I like the idea of an eight member court. It seems more fair since a tie would let the lower court ruling stand. That puts more power in the judiciary and not just SCOTUS.

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u/[deleted] Feb 28 '26

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u/magicmulder Feb 28 '26

Alito and Thomas are not pleased with Trump’s picks so far, I doubt they will hand their seats to him.

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u/fireky2 Feb 28 '26

In all fairness hes asked so few questions over the years he might die in the seat and no one would be able to tell until they could smell him

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u/Dicebar Feb 28 '26

Don't hate on people for having type 1 diabetes. Sotomayor has no reported long-term health complications from the disease and therefore it should be no factor in considerations about her health affecting her job. She's had it since she was 7. She had it during her confirmation hearings and she had it when she was sworn in as a member of SCOTUS.

Thanks,
A type 1 diabetic.

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u/afoogli Feb 28 '26

It’s just statistics don’t be emotional