President Biden warned on Saturday night that the winner of this year’s presidential election might have the opportunity to fill two vacancies on the Supreme Court. He expressed concern that if his Republican opponent, former President Donald Trump, wins, it could lead to a more conservative court. Biden called this possibility “one of the scariest parts” of a potential second Trump term.
Biden made these remarks at a fundraiser where his campaign raised a record $28 million. The event featured Hollywood stars like George Clooney and Julia Roberts, as well as former President Barack Obama. Late-night host Jimmy Kimmel moderated a conversation with Biden and Obama. They discussed the impact of Trump’s appointments on issues like abortion rights, given the conservative justices he named to the Supreme Court.
The three appointees of former President Trump—Justices Amy Coney Barrett, Brett Kavanaugh, and Neil Gorsuch—have together cemented the Supreme Court’s conservatism for a generation. Whether their differences intensify or fade will determine the Trump effect on the high court if Trump is re-elected and how fast the law moves rightward regarding abortion rights, gun control, religion, LGBTQ issues, and women’s rights.
During the fundraiser, Biden referred to a recent report about Justice Samuel Alito. Alito’s wife had raised an upside-down U.S. flag outside their home after some Trump supporters carried upside-down flags during the January 6 Capitol riot. Biden remarked, “The idea that if he (Trump) is reelected, he can appoint two more, flying flags upside down…” When Kimmel asked if this would be the “scariest part” of a second Trump term, Biden responded, “I think it’s one of the scariest parts.”
In his current term, Biden filled one Supreme Court vacancy by nominating Ketanji Brown Jackson, the first Black woman to serve on the court. Biden’s comments highlighted his concern that a second Trump term could push the Supreme Court further to the right, resulting in an even more imbalanced court.