Fox News legal analyst Judge Andrew Napolitano predicted Chief Justice John Roberts will become the swing vote on the Supreme Court following the retirement of Justice Anthony Kennedy.
“When Justice Scalia joined the court, Justice O’Connor became the swing vote,” Napolitano said on “Fox & Friends” Thursday. “When Justice O’Connor retired, Justice Kennedy became the swing vote. Do you see a pattern?” (RELATED: Judge Napolitano Thinks FBI Scandal Is Bigger Than Watergate)
“The least conservative of the conservative block moves over to become the swing vote. Who do I believe will be the swing vote when this new nominee, whoever he or she is, is confirmed? The chief justice who has great relationships and even some ideological alliances. He saved Obamacare.”
“We have never had in the modern era a chief justice who is the swing vote that will make him the most powerful chief justice since Earl Warren in the Eisenhower years,” he continued.
Trump might get up to five court picks if he wins a second term, Napolitano said.
“He’ll have five nominees [if he wins reelection],” he concluded. “When he and I spoke — which this is a while ago now … I said to him, ‘Mr. President, you might have five.’ Just the way biology and time effects history.”
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