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Trump Supreme Court pick: Why is the US top court so important? | Trump Supreme Court pick: Why is the US top court so important? |
(1 day later) | |
Donald Trump has unveiled Neil Gorsuch as his nominee for the US Supreme Court. | |
Given the immense impact the US Supreme Court has on US political life, the nominee will face tough questions from the Senate during any confirmation hearings. | Given the immense impact the US Supreme Court has on US political life, the nominee will face tough questions from the Senate during any confirmation hearings. |
So how might this pick change the nation's high court? | So how might this pick change the nation's high court? |
Who are the current justices? Meet the Supremes | Who are the current justices? Meet the Supremes |
What does the Supreme Court do? | What does the Supreme Court do? |
The highest court in the US is often the final word on highly contentious laws, disputes between states and the federal government, and final appeals to stay executions. | The highest court in the US is often the final word on highly contentious laws, disputes between states and the federal government, and final appeals to stay executions. |
It hears fewer than 100 cases a year and the key announcements are made in June. Each of the nine justices serve a lifetime appointment after being nominated by the president and approved by the Senate. | It hears fewer than 100 cases a year and the key announcements are made in June. Each of the nine justices serve a lifetime appointment after being nominated by the president and approved by the Senate. |
Cases are usually brought to the court after they are appealed from a series of lower courts, although in time-sensitive cases, lawyers can petition for a hearing. The court's opinions can also create precedents, directing other judges to follow their interpretation in similar cases. | Cases are usually brought to the court after they are appealed from a series of lower courts, although in time-sensitive cases, lawyers can petition for a hearing. The court's opinions can also create precedents, directing other judges to follow their interpretation in similar cases. |
In recent years, the court has expanded gay marriage to all 50 states, halted President Obama's immigration orders and delayed a US plan to cut carbon emissions while appeals went forward. | In recent years, the court has expanded gay marriage to all 50 states, halted President Obama's immigration orders and delayed a US plan to cut carbon emissions while appeals went forward. |
Occasionally, the Supreme Court will revisit an issue in a new case and change their own precedent, a move anti-abortion activists hope will come to pass with a new conservative justice. | Occasionally, the Supreme Court will revisit an issue in a new case and change their own precedent, a move anti-abortion activists hope will come to pass with a new conservative justice. |
What are key issues in front of the court? | What are key issues in front of the court? |
The court already has cases this term on the rights of transgender students, gerrymandered voting districts and on a Texas' death penalty determination. | The court already has cases this term on the rights of transgender students, gerrymandered voting districts and on a Texas' death penalty determination. |
It is also likely the court will hear cases on voter rights, abortion, racial bias in policing and in the legal system, as well as US immigration policy in the upcoming years. | It is also likely the court will hear cases on voter rights, abortion, racial bias in policing and in the legal system, as well as US immigration policy in the upcoming years. |
Mr Trump's executive order on banning refugees and travellers from Muslim-majority nations may also end up on the Supreme Court's plate. | Mr Trump's executive order on banning refugees and travellers from Muslim-majority nations may also end up on the Supreme Court's plate. |
Big moment for conservative values - Analysis by Rajini Vaidyanathan, BBC News | Big moment for conservative values - Analysis by Rajini Vaidyanathan, BBC News |
One of the defining moments of the US election campaign was the death of Supreme Court justice Antonin Scalia. As I travelled across America, Republicans who didn't like Mr Trump's brashness, or his language towards women, told me they were prepared to overlook that for one reason: Mr Trump's pledge to appoint a conservative judge to replace Scalia. | One of the defining moments of the US election campaign was the death of Supreme Court justice Antonin Scalia. As I travelled across America, Republicans who didn't like Mr Trump's brashness, or his language towards women, told me they were prepared to overlook that for one reason: Mr Trump's pledge to appoint a conservative judge to replace Scalia. |
Donald Trump won big with evangelical Christians, who don't support abortion or gay marriage - issues the court has had a say on in the past. For them, changes under the Obama years such as increased LGBT rights were an affront to their core values. | Donald Trump won big with evangelical Christians, who don't support abortion or gay marriage - issues the court has had a say on in the past. For them, changes under the Obama years such as increased LGBT rights were an affront to their core values. |
Last week thousands of Trump supporters attended the March for Life, against abortion. As Vice-President Mike Pence addressed the crowds he told them they were "winning again". President Trump's Supreme Court pick represents more than a new justice on the bench, but a moment where conservative values could once again dominate the agenda in Washington DC. | Last week thousands of Trump supporters attended the March for Life, against abortion. As Vice-President Mike Pence addressed the crowds he told them they were "winning again". President Trump's Supreme Court pick represents more than a new justice on the bench, but a moment where conservative values could once again dominate the agenda in Washington DC. |
What's the current state of the court? | What's the current state of the court? |
While a majority of Supreme Court cases do not break on ideological lines, there are conservative and liberal wings. Key cases have been decided on 5-4 votes. | While a majority of Supreme Court cases do not break on ideological lines, there are conservative and liberal wings. Key cases have been decided on 5-4 votes. |
With Scalia's death, the court is arguably divided four-four. | With Scalia's death, the court is arguably divided four-four. |
Confirming a conservative justice with similar views to Scalia would ultimately return the court to a narrow conservative majority, but it would not guarantee wins on all the issues Mr Trump has described as a priority. | Confirming a conservative justice with similar views to Scalia would ultimately return the court to a narrow conservative majority, but it would not guarantee wins on all the issues Mr Trump has described as a priority. |
Justice Anthony Kennedy is considered the court's swing vote, having sided with both the conservative and liberal justices on major cases. | Justice Anthony Kennedy is considered the court's swing vote, having sided with both the conservative and liberal justices on major cases. |
Liberals and legal advocates on the other side of these issues are also concerned about the potential for Mr Trump to nominate a second justice during his term. | Liberals and legal advocates on the other side of these issues are also concerned about the potential for Mr Trump to nominate a second justice during his term. |
In March, President Obama nominated Merrick Garland, a federal appeals judge, for the empty seat. But Republicans refused to hold a hearing or vote on Mr Garland's nomination, and he is no longer under consideration. | In March, President Obama nominated Merrick Garland, a federal appeals judge, for the empty seat. But Republicans refused to hold a hearing or vote on Mr Garland's nomination, and he is no longer under consideration. |
During their year without a ninth justice, the court continued to work, with some cases affected by Scalia's death. | During their year without a ninth justice, the court continued to work, with some cases affected by Scalia's death. |
A 4-4 deadlock on Mr Obama's immigration order left the legal status of about four million undocumented immigrants in limbo. Public sector labour unions got a temporary win in another tied case, but no precedent was set because of the split. | A 4-4 deadlock on Mr Obama's immigration order left the legal status of about four million undocumented immigrants in limbo. Public sector labour unions got a temporary win in another tied case, but no precedent was set because of the split. |
But the court also rejected a conservative challenge to a university affirmation action policy in a 4-3 vote, after Justice Kagan recused herself. And justices voted 5-3 to strike down a pair of Texas abortion restriction laws. | But the court also rejected a conservative challenge to a university affirmation action policy in a 4-3 vote, after Justice Kagan recused herself. And justices voted 5-3 to strike down a pair of Texas abortion restriction laws. |
Senate Minority Leader Charles Schumer has said congressional Democrats would be willing to block confirmation and leave the seat open if Mr Trump does not name a "mainstream nominee". | Senate Minority Leader Charles Schumer has said congressional Democrats would be willing to block confirmation and leave the seat open if Mr Trump does not name a "mainstream nominee". |