Trump choosing another Supreme Court Justice could shape the U.S. for a generation. Here’s why it’s so significant.

In the U.S., choosing which justices fill the Supreme Court doesn’t mean choosing the sharpest legal minds - it means choosing a justice that fulfils your political goals. 

It’s a lot different to Australia, where there’s an unspoken custom that Prime Ministers recommend High Court justices who aren’t too political.  

When Ruth Bader Ginsburg died on Saturday, she left a vacancy in the U.S. Supreme Court. Whoever replaces her will make decisions with extraordinary consequences for a generation to come.

The Supreme Court is split between conservatives and liberals

Supreme Court vacancies are filled on recommendation from the Senate. Whoever is chosen depends on who controls the Senate. 

Of the eight Supreme Court justices at the moment - there’s usually nine, but Ginsburg’s vacancy hasn’t yet been filled - five lean conservative, and three lean liberal. 

If another conservative justice replaces Ginsburg, the Supreme Court would be more ideologically imbalanced than any time in the past 50 years.

Supreme Court justices are there for life

In Australia, High Court justices have to retire at 70 - it’s in our Constitution. 

But in the U.S,.Supreme Court justices have tenure for life.

That gives whoever controls the Senate extraordinary power - if they choose a young enough justice, they could dictate the sway of the court for the next 30 years.

How significant is the Supreme Court?

Very significant. 

The court both decides on any constitutional matters and hears appeals on some of the most significant cases in the country. 

In the past, that’s included cases that banned segregated schools, gave defendants the right to representation, and ensured women had the right to abortion.

Whoever is nominated in Ginsburg’s place will help shape judgements on everything from reproductive rights to voting rights, the power of the presidency, healthcare, immigration, and criminal justice. 

That’s why it could shape the U.S. for a generation.