The Saratogian (Saratoga, NY)

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- MarcA. Thiessen Follow Marc A. Thiessen on Twitter, @marcthiess­en.

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With the Senate’s confirmati­on of Amy Coney Barrett to the Supreme Court, President Donald Trump has cemented his legacy as the most important president in themodern era when it comes to shaping the judiciary.

Whatever happens on Election Day, that legacy will remain — and it validates the votes of every conservati­ve who, despite other misgivings, decided to support him.

The last president to appoint three justices in his first term was Richard Nixon, but his picks included Justice Harry Blackmun, the author of Roe v. Wade who became one of the most liberal justices on the court. Trump’s picks, by contrast, have been outstandin­g. With his appointmen­t of Neil Gorsuch to replace Antonin Scalia, Trump saved the court’s conservati­ve majority. With his appointmen­t of Brett Kavanaugh to replace Anthony Kennedy — a swing vote— he inched the court to the right.

And now by appointing Barrett to replace Ruth Bader Ginsburg, the court’s liberal icon, Trump has secured a decisive 6-to-3 conservati­ve majority. This will affect the court’s jurisprude­nce for a generation, with far-reaching consequenc­es for life, religious liberty, free speech, Second Amendment rights, the separation of powers and limited government.

Imagine how different the court would look today if Hillary Clinton had won the 2016 election. She probably would have nominated a judicial activist to replace Scalia, creating a 5-to- 4 liberal majority. She would have replaced Ginsburg with another liberal, securing that seat for decades. She might have had a third pick if Justice Stephen Breyer made the same decision as Kennedy and retired when a president he trusted was in office.

The damage done by the activist liberal court Clinton ushered in would have been breathtaki­ng.

Simply stopping this is an accomplish­ment. But Trump has made better judicial choices than any modern Republican president. Of Ronald Reagan’s three appointees (Sandra Day O’Connor, Scalia and Kennedy), only Scalia was a consistent conservati­ve. George H.W. Bush appointed one solid conservati­ve (Clarence Thomas) and one solid liberal (David Souter). George W. Bush picked one reliable conservati­ve (Samuel Alito Jr.) and one wavering justice (John Roberts Jr.).

By contrast, the four liberal justices appointed over the past quarter century — Ginsburg, Breyer, Elena Kagan and Sonia Sotomayor — almost never defect on close 5-to-4 cases. So, Democrats

have a perfect record on recent Supreme Court appointmen­ts, while Republican­s were not even batting .500— until Trump came along.

Perhaps Trump’s greatest accomplish­ment will be neutralizi­ng the influence of Roberts. After promising to be an impartial umpire, Roberts has taken the field and legislated from the bench in a string of cases — voting with the court’s liberals to rewrite Obamacare, preserve the Deferred Action on Childhood Arrivals program, block a citizenshi­p question on the census, strike down state laws that required admitting privileges for doctors who perform abortions and allow the Pennsylvan­ia Supreme Court to rewrite the state’s election laws.

And those are just his defections on cases the court took up. According to CNN, “Roberts also sent enough signals during internal deliberati­ons on firearms restrictio­ns, sources said, to convince fellow conservati­ves he would not provide a critical fifth vote anytime soon to overturn gun control regulation­s. As a result, the justices in June denied several petitions regarding Second Amendment rights.”

Thanks to Trump, Roberts is no longer the swing vote. If Barrett agrees with the legal reasoning of her conservati­ve colleagues, they have the five votes they need without him.

Trump’s appointmen­t of Barrett also complicate­s Democrats’ plans to reverse this progress via court-packing if they win back the White House and the Senate next week. Before her appointmen­t, Democrats would have had to expand the court by two justices to flip the 5-to-4 conservati­ve majority into a 6-to-5 liberal majority. But now with Barrett on the court, they would have to add four justices in order to achieve a 7-to-6 liberal majority.

Given that Americans support Barrett’s confirmati­on 51% to 28%, oppose court-packing 58% to 31% and approve of the high court’s performanc­e 53% to 47%, for Democrats to add any new seats— much less the four needed to flip the court — would be widely seen as a raw power grab.

That doesn’t mean they won’t try. Voters have a chance to stop them by preserving a Republican majority in the Senate. If history is our guide, Trump may have more Supreme Court appointmen­ts in a second term — and with them the opportunit­y to further preserve or even expand the court’s conservati­ve majority. As for the 26% of Trump voters who backed him because of the Supreme Court, their decision has produced a court that will protect our freedoms for decades to come.

Any other flaws in the Trump presidency pale by comparison.

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