this post was submitted on 03 Oct 2026
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Alito, 76, is one of six conservative justices on the nine-person Supreme Court

The Supreme Court’s 6-3 conservative lean wouldn’t change if Alito retired and Trump nominated a new justice. But Alito’s retirement would allow Trump to appoint a fourth justice to the court. Alito was nominated by then-President George W. Bush in the fall of 2005 and took his seat on the bench in January 2006.

Trump has lashed out at the Supreme Court for several rulings against him on controversial issues like his sweeping tariff policy and his challenge to birthright citizenship. Alito sided with Trump on those two issues.

The timing of a Supreme Court justice’s retirement is crucial because the party in power can change the court’s political leaning for decades.

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[–] Gates9@sh.itjust.works 15 points 3 weeks ago (1 children)

I’m sympathetic to the idea that we don’t need a “Supreme Court” at all. We have a representative legislature, we have federal judges. All these fucking assholes do is distort the constitution to serve an aristocracy that is not unlike the aristocracy we fought a revolution to overthrow. They’re goddamn traitors.

[–] WoodScientist@lemmy.world 2 points 3 weeks ago (2 children)

It's pretty trivial to cut the Supreme Court out of the loop. All you have to do is write into the language of a law that ruling on this law is outside the jurisdiction of SCOTUS. SCOTUS has original jurisdiction on a few issues, like issues involving disputes between states. But most of what it rules on are it's jurisdiction simply because Congress hasn't assigned the issue to any other court.

[–] Gates9@sh.itjust.works 1 points 2 weeks ago

It’s almost as if there’s some coordination going on, avoiding the issue altogether!

[–] LodeMike@lemmy.today -1 points 2 weeks ago (1 children)

No?? The constitution very clearly says that it's the highest court of the land.

[–] WoodScientist@lemmy.world 4 points 2 weeks ago

If you really believe that, then you have a child's understanding of the Supreme Court. It is anything but as simple as you seem to believe.

SCOTUS has original jurisdiction over a few narrow kinds of cases. These are powers Congress can't amend or change. Disputes between the states and disputes involving ambassadors are examples of these. But there's also appellate jurisdiction - where a court has a right to appeal decisions made by other courts. This authority isn't absolute. The Constitution states:

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

Congress can just flat out say, "SCOTUS isn't allowed to rule on this topic," and it can't. This has been done multiple times in US history.