The exchange was so awkward, it should have been followed by the Curb Your Enthusiasm theme song. While #Trump was shaking hands down the aisle, exiting the House chamber after his address last night, network cameras caught him as he turned to Chief Justice #JohnRoberts, patted him on the back, & said, “Thank you again. Thank you again. I won’t forget.” Roberts, whose back was to the camera, then headed for the exit.

The dispute fundamentally focused on human waste & how #SanFrancisco disposes of it. The question before the court was whether the #CleanWaterAct of 1972 allowed the #EPA to impose prohibitions on #wastewater released into the #PacificOcean & to penalize the city for violating them.

The case was notable because it created unusual alliances. Liberal #SanFrancisco found itself on the same side as #mining & #petroleum trade groups like the National Mining Assn, American Farm Bureau Federation, & American #Fuel & #Petrochemical Manufacturers in opposing the #EPA.

#SCOTUS sided w/ #SanFrancisco on Tues in a challenge to #water quality #regulations issued by the #EPA in a ruling that could have sweeping implications for the agency’s ability to limit offshore #pollution.

The 5-to-4 decision dealt another blow to the agency, which has recently sustained several losses before the court over its efforts to protect the #environment.

“Since court rulings are not laws & only legislatures elected by the people may pass laws, #Obergefell is an illegitimate overreach,” the resolution reads. It continues: “The Idaho Legislature calls upon the Supreme Court of the United States to reverse Obergefell & restore the *natural* definition of #marriage, a union of one man & one woman” [tell that to the Mormons]

That has not deterred lawmakers in #Idaho, however. This week, a State House cmte overwhelmingly passed a resolution calling on #SCOTUS to undo #ObergefellVHodges, the landmark 2015 decision that gave same-sex couples the right to marry….

The resolution would still need approval by the full House & the ID Senate before any request could be sent to #SCOTUS. Both chambers in ID are controlled by #Republicans.

The closely watched case tests how far #SCOTUS is willing to go in a…steady expansion in the use of tax dollars to support parochial #education & a push by the #SupremeCourt in recent terms to enlarge #religion’s role in the public sphere.

The court has already allowed #government #funding of vouchers for #religious private #schools. Backers say allowing funding for religious charter schools, which parents also opt into, is the *logical* next step.

Unpopular rulings on #elections, #abortion, presidential #immunity, #guns & other issues — as well as the #criminal cases against #Trump, which will likely move forward if he loses — have driven down public #trust in #SCOTUS & the #justice system.

That decline may be hard to reverse no matter which candidate prevails — especially if the courts play a role in deciding the winner.

Even as the #election will shape the #judiciary, the judiciary may also shape the election. As in 2020, #Republicans & #Democrats have already asked federal #judges, including those on #SCOTUS, to resolve disputes about ballots before Election Day. Their rulings could determine the outcome of a close race.

Perhaps related, Americans’ faith in the #courts has eroded in the #Trump era.

The appeals courts lean slightly #Republican, while the district courts lean #Democratic (if you count senior judges who work less but still hear cases)…. The next president will likely be able to tip that balance, letting one party’s appointees make up a clear majority of judges.

In a typical 4-yr term, a president replaces about ¼ of the country’s 870 active federal #judges, across both federal district & appeals courts. #Trump filled 231 vacancies, & President #Biden may equal that number before the next #Congress takes over.

Partly as a result, Republican & Democratic presidents have each appointed about ½ of the judges on federal courts.

In the lower #courts, #judges can serve for life. So the more a president appoints, the more he or she can shape the country. #SCOTUS hears only about 80 cases per year, meaning that lower courts are often the final arbiter on many issues. They set #precedent on #criminal #justice, #bankruptcy proceedings, #corporate disputes & #antitrust enforcement, & on whether federal #laws & rules are #constitutional.

#Harris also wants to enact #TermLimits & an #ethics code for #SCOTUS, given the revelation that Thomas & Alito accepted luxury gifts w/o disclosing them. That’s unlikely if #Republicans control the #Senate — & maybe even if #Democrats do, thanks to the #filibuster.

#Republicans seem more likely to control the #Senate next year. If they do, they can block #a President #KamalaHarris from filling a vacancy, much as they did Barack #Obama in 2016. “If he were re-elected, he’d probably get to appoint one if not two members to the #UnitedStates #SupremeCourt,” Harris said of #Trump last week. She did not say how many appointees she may get if she wins.

#Trump appointed 3 #SCOTUS justices as president. If he wins, he may get more appointments than #KamalaHarris would have.
In recent years, judges have retired in time to let the president they prefer fill their seats. The oldest justices today— #ClarenceThomas, 76, & #Samuel Alito, 74—are #Republican appointees. If they retired during a 2nd Trump admin, he could choose young replacements to cement #conservative control of the court for decades.