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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 said he will name his nominee for the US Supreme Court on Tuesday night. 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 SupremesWho 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 NewsBig 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 has Trump said about what he wants in a nominee?
President Trump has made clear he wants a conservative justice. He has specifically said his Supreme Court picks would be pro-gun rights, anti-same-sex marriage and would take a hard line on deporting undocumented immigrants.
When asked at the third debate, Mr Trump said he expects the landmark 1973 ruling on abortion, Roe v Wade, to be overturned under his presidency.
"That'll happen automatically, in my opinion, because I am putting pro-life justices on the court," he said.
In fact, a case would have to be tried elsewhere before being heard by the court, it would not happen "automatically".
He also described a justice who would "interpret the Constitution the way the founders wanted it interpreted" - an originalist like Antonin Scalia.
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".
Who is in the running to be a nominee?
Mr Trump is reportedly considering three judges for the position.
Neil Gorsuch
Mr Gorsuch, who lives in Denver, Colorado, has served on the 10th US Circuit Court of Appeals since 2006. The 49-year-old is the youngest of the group and boasts an academic pedigree typical of Supreme Court Justices (Columbia University, Harvard Law School and at Oxford).
He also clerked for Supreme Court Justice Anthony Kennedy and previously served as a deputy assistant attorney general at the Justice Department.
Mr Gorsuch shares the late Justice Antonin Scalia's strict interpretation of the US constitution, which is that it should be followed as the Founding Fathers intended.
Thomas Hardiman
The Philadelphia-based judge, 51, has served since 2007 on the 3rd US Circuit Court of Appeals - the same court in which the president's sister, Maryanne Trump Barry, resides.
Mr Hardiman graduated from Notre Dame and Georgetown Law School, which would make him the court's only justice without an Ivy League degree.
He was the first person in his family to go to college and supported himself in law school by driving a taxi.
Mr Hardiman has supported gun rights and police powers, including a case in which he sided with jails seeking to strip-search all inmates.
William Pryor
The 11th US Circuit Court of Appeals judge, 54, lives in Atlanta, Georgia. He previously served as Alabama's attorney general, preceding Senator Jeff Sessions, Mr Trump's choice for US attorney general.
Mr Pryor has criticised the Supreme Court's 1973 landmark abortion ruling Roe v Wade as "the worst abomination of constitutional law".
He also came under fire from conservatives for siding with a transgender woman who sued for sex discrimination in 2011.