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Emory Corporate Governance and Accountability Review

Authors

Gregg Ivers

Abstract

Trump has made a firm public commitment to overturn Roe and appoint 'pro-life' justices, and he held out Antonin Scalia as his model Supreme Court justice. For almost fifty years, Republican presidential candidates have campaigned against the Supreme Court. Should President Trump have the opportunity to appoint two justices over the coming years, Chief Justice John Roberts will, more likely than not, find himself having to make decisions that are as strategically calculated towards maintaining the Court's institutional prestige. Retracting rights is not something the Court does easily, if at all. For better or worse, the Constitution's fate has been in the hands of a majority of Republican appointed justices since 1970 and that is not about to change anytime soon. It is important to see how Roberts will balance the competing forces in front of him.

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