Bloomberg Law
Nov. 7, 2016, 5:40 PM UTC

Election Day Is a Turning Point for Supreme Court

Noah Feldman
Bloomberg News

By Noah Feldman, Bloomberg View

Lots of people who don’t otherwise care for Donald Trump or Hillary Clinton say they’re going to vote Tuesday based on which presidential candidate will be best for the U.S. Supreme Court. With the hours ticking away, it’s worth running through the three most plausible scenarios to see what the election outcome will mean for the court.

Most desirable for liberals will be if Clinton wins the White House and gets a Democratic majority in the U.S. Senate. If that happens, the lame-duck Republican Senate might or might not confirm the relatively moderate Judge Merrick Garland, ...

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