Purdue News

February 18, 2004

November election may determine next Supreme Court appointment

What could be more important than who will be the next president? The next justice appointed by that president to the U.S. Supreme Court, says a Purdue University expert in constitutional law.

"It's been 10 years since a justice was appointed to the Supreme Court, and based on the aging court, it is very likely that our next president will appoint a new justice," says William McLauchlan, professor of political science.

The current majority of the court, by a 5-4 margin, is defined as conservative. McLauchlan says a single appointment could change the court's dynamics.

In 1994 President Bill Clinton appointed Stephen G. Breyer. The oldest justice, John Paul Stevens, is 80, and Sandra Day O'Connor, Ruth Bader Ginsburg and William H. Rehnquist are in their 70s.

"Judicial appointments last much longer than presidential terms," McLauchlan says. "So a president's imprint on the judicial system will continue for 20 or more years. Ford's appointments are still deciding cases, to say nothing of Reagan's and the first Bush's appointees."

McLauchlan says it is difficult, though, for a candidate to talk during an election about judicial appointments.

"Getting candidates to describe exactly what kinds of nominees they will select also is difficult," he says. "Most candidates will outline the same kind of thing – 'careful, reasoned, experienced, moderate judges, who adhere to the words of the Constitution.' What they wind up actually appointing may differ greatly from that."

CONTACT: McLauchlan, (765) 494-4171, mclauchl@polsci.purdue.edu