Daily Local News (West Chester, PA)

Congratula­tions, Trump voters: You’ve been vindicated

- Marc A. Thiessen Columnist

For those conservati­ves who voted for Donald Trump because of the Supreme Court, congratula­tions: You’ve been vindicated.

Had Hillary Clinton won the 2016 election, she would have replaced the late conservati­ve Justice Antonin Scalia with a liberal jurist — giving the Supreme Court a leftwing activist majority for a generation. Because Trump won, Neil M. Gorsuch was confirmed to replace Scalia, securing the court’s 5-to-4 conservati­ve majority.

This week, the dividends of that appointmen­t for conservati­ves were apparent in two landmark conservati­ve rulings. In National Institute of Family Life Advocates v. Becerra, the high court ruled that the state of California cannot force crisis pregnancy centers to advertise access to abortion to their clients, in violation of the owners’ conscience.

And in Janus v. AFSCME, the court ruled that public workers cannot be forced pay union dues to support public policies with which they fundamenta­lly disagree. These were critical 5-to-4 rulings that buttressed the First Amendment freedoms of all Americans.

Trump was able to preserve the status quo after Scalia’s passing.

But now, with the news that Justice Anthony M. Kennedy is retiring, Trump has a chance to do something much bigger: He can not only preserve but also expand the court’s conservati­ve majority. If he replaces Kennedy — a swing vote who often joined the court’s liberal bloc on important matters — with a reliable conservati­ve in the mold of Scalia and Gorsuch, the president may have transforme­d the court for a generation.

To do this, Trump will have to break the mold of his Republican predecesso­rs. Over the past three decades, presidents from his party have picked seven justices, and several have turned out to be disappoint­ments to conservati­ves. President Ronald Reagan picked three justices (Sandra Day O’Connor, Scalia and Kennedy), but only one, Scalia, was a consistent conservati­ve.

President George H.W. Bush picked one solid conservati­ve (Clarence Thomas) and one (David Souter) who was not. George W. Bush did better, appointing two conservati­ves, Samuel A. Alito Jr. and John G. Roberts Jr.

But even Roberts disappoint­ed conservati­ves when he cast the deciding vote to uphold the Affordable Care Act in a stroke of judicial activism. If Trump picks not one, but two reliable conservati­ve justices, he will secure the best record of Supreme Court appointmen­ts by any modern Republican president.

Senate Majority Leader Mitch McConnell, R-Ky., has announced that the confirmati­on vote will take place in the fall, which would put Kennedy’s replacemen­t on the bench when the court’s new term begins on the first Monday in October. Pity the Democratic senators who are running for re-election in states Trump won by double digits. Their political survival depends on being perceived as centrists, and they will now have to spend months campaignin­g while caught in the crossfire of a liberal-conservati­ve battle royal over a Trump-nominated Supreme Court justice.

For all these reasons, Trump’s appointee is likely to be confirmed. If that happens, Trump will have led one of the most consequent­ial conservati­ve presidenci­es in modern American history.

Not only is Trump expanding the conservati­ve Supreme Court majority, he is also moving at record pace to fill the federal appeals courts with young conservati­ve judges who will preside for decades.

Imagine if it were Clinton making all these appointmen­ts. The consequenc­es for human life, religious liberty, the Second Amendment and limited government would have been disastrous.

Instead, the choice of the next Supreme Court justice is in President Trump’s hands. So, to all the conservati­ves who cast their ballots in 2016 for just this moment — you did the right thing.

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