supreme court

Hello. Long time lurker, first time poster. I frequently read old discussion threads on here when contemplating an alt history that I'm developing, and would love to have a discussion regarding the broad strokes of what I've developed so far. The POD is late Eisenhower administration. The closer...

Back in 2020, I looked at the possibility of an alternative appointment of Orie Phillips in place of Earl Warren in 1953. A couple of weeks ago, I read in Earl Warren, the Judge Who Changed America by John Harrison Polack, that Eisenhower never considered Phillips that seriously, but that his...

Ever since I have studied of professional sports in the United States, I have been curious about what scenario might lead the Supreme Court to rule the rookie drafts of the NFL, MLB, NBA and NHL as illegal restraints of trade, and what the long-term effect on professional sport in the United...

In 1919 Ohio ratified the 19th Amendment endorsing prohibition, but in 1920 the state's voters came out against it in a referendum. There was a bit of confusion after that; the Supreme Court got called in to decide whether the amendment was no longer ratified. Hawke v. Smith didn't end up being...

I am currently working on Book II in the what-if everything went right series, focusing on Roosevelt winning in 1912. I have hit a snag however and would Like to ask. Who would Roosevelt and subsequent progressive governments in the 1920s and 1930s nominate to the supreme court? Below are the...

A couple of days ago, when reading ‘Why Liberals and Conservatives Flipped on Judicial Restraint: Judicial Review in the Cycles of Constitutional Time’, I saw that author Jack M. Balkin had given some valuable counterfactuals, which you can read by clicking on the link. However, he makes an...

This is something that always puzzled me as to why it didn't happen in OTL. instead of firing upon fort sumter when the union refused to evacuate its military positions in the seceding states, the south could have built a strong legal case that the union was an affair that required the consent...

Specifically, what if it just never happened, what would the Supreme Court's powers be, and would there be another case in the future where they would get judicial review? Also, what would change short-term in history?

In OTL, Thomas Dewey narrowly defeated Harry Truman in 1948 and appointed J. Edgar Hoover Attorney General. This was part of a secret deal Hoover had made with Dewey to feed him dirt on his opponents in exchange for the AG spot. Soon afterwards, Hoover was appointed an Associate Justice of the...

Well, I have some ideas (with some undecided) regarding the Supreme Court that I would like to add to several alternative stories that I have developed and those that I have planned. These are the ideas: * It should have between 9 and 15 members. * Your period will have a maximum of 15 to 18...

Back in 1987, after Robert Bork’s nomination to the Supreme Court had failed in the Senate, President Reagan had nominated Douglas Ginsburg, another D.C. Circuit Court of Appeals judge who was considered a strong conservative without the controversial speeches and rhetoric that Bork had. Just...

Allow me to create a backstory to make this what-if seem more plausible. In 1981, instead of appointing Clarence Thomas to the Department of Education and subsequently, the Equal Employment Opportunity Comission, Ronald Reagan appoints him as an Assistant Attorney General. In 1983, instead of...

So we did talk about this PoD a few years ago, but I thought in light of recent events we might look into it again. So -- what if three Senate votes that went "yes" for confirming Clarence Thomas OTL, instead voted either "no" or "present", such that his nomination failed? One obvious place to...

What if Robert Bork had been confirmed to the US Supreme Court? It doesn't necessarily have to be in 1987-as I've heard that if Reagan nominated Bork to Rehnquist's seat and Scalia to Powell's seat, both could have been confirmed-though a PoD for Bork on the Court in 1987 would be fine too(would...

There can be little doubt that when it comes to influential Supreme Court Chief Justices, John Marshall sits at the top. The rulings of his court were crucial to the expansion of the Supreme Court's power, and the supremacy of federal law. Having said that, what if Marshall was never appointed...

In 1993, Bill Clinton had the "sexy" idea of appointing the First Lady, Hillary Clinton, as a Supreme Court Justice. They eventually went with Ruth Bader Ginsburg instead, because as Bill was told by his aides, "safe is better than sexy." But what if Bill had been willing to face the possible...

If Eisenhower ran as a Democrat in 1952, who would he nominate to SCOTUS? How would the court's ideological balance fare over time?

As the title says, had Rockefeller, whose chances in 1960 were shaky, won the nomination and won, who would he appoint to SCOTUS? Will they be liberals, moderates or conservatives? P.S. Let's say no Happy Scandal and a good economy by 1964 so he does get two terms.

Supposing for a moment that Tom Clark didn't decide to assume senior status in 1967 so not providing a seat for Thurgood Marshall, the next opening occurring a few years later in 1969 or 1970. With Nixon in the White House he gets to pick the nominee he's more than likely going to choose someone...