Schmidt: Next president could appoint four Supreme Court justices

The vacancy on the U.S. Supreme Court left by the death of Justice Antonin Scalia may not be the only opening the next president might have to make during their time in office.

Tonight we sit down with a nationally recognized expert on the presidency and ask how a Clinton or Trump administration ...and the opportunity each could be presented with...could change the nation.

It's true of every presidential election that whoever wins could play a role in shaping the future of the United States Supreme Court.

But this election specifically could end up being particularly pivotal where the high court is concerned.

"There are three Supreme Court justices who are either going to pass away potentially and/or become disabled or wish to retire in this next presidential term." Dr. Steffen Schmidt is a nationally recognized expert on the presidency who has consulted both CNN and FOX NEWS over his 40 plus years of political study.

His home is the 5th floor of Ross Hall at Iowa State University.

He tells me as far as this election is concerned it's not enough to simply say a Trump victory would mean a conservative court and a Clinton victory would mean a liberal court. "I think we're in a moment politically where the country is so divided ideologically, philosophically, conservative, liberal, democrat, republican, that the Supreme Court has kind of been sucked into that polarization."

There are supposed to be nine justices on the Supreme Court.

There have been only 8 following the February death of Justice Antonin Scalia.

President Obama's nominee to succeed Scalia, Merrick Garland, has been denied confirmation hearings by the Republican controlled Senate and its Judiciary Commitee chairman, Chuck Grassley of Iowa.

In addition to that open seat, Schmidt says it's possible three other justices may soon want to retire:

83 year old Justice Ruth Bader Ginsburg.

80 year old Justice Anthony Kennedy.

And 78 year old Justice Stephen Breyer. "That could be three Supreme Court justices...maybe 4....that could be up for grabs in the next term and that's huge."

And it is the future president who would nominate the replacements.

At this moment, Steffen Schmidt believes the greatest change to America would be the result from a Donald Trump presidency....if Republicans maintain control of the U-S Senate. "Because Roe V. Wade will be reversed. I mean I am pretty sure of that. I think that a very conservative court with a substantial majority...you know 6-3 or whatever....they will reverse things like Roe V. Wade."

And it is would not just be the issue of abortion that's on the judicial bubble with a Trump presidency. "Gay marriage probably would be reversed if the court becomes very conservative. Because Republicans and conservatives in many parts of the country really are opposed to the law that the Supreme Court ruled on."

Should Clinton be elected and the Senate change hands to Democratic control.....the issues of abortion and gay marriage would stay on the books as they are.

But Schmidt says it is likely a Supreme Court picked by Clinton would overturn the 'Citizens United' ruling which allowed corporations and other entities more flexibility in spending money to champion a specific candidate or cause.

But what happens if the future president and the future Senate majority are of opposite parties? "If Hillary Clinton is the president and the Republicans control the Senate it will be very complicated. Only a person that is pretty moderate that the Republicans are not scared of and that Clinton is OK with will get nominated. If Donald Trump becomes president and the Democrats control the Senate they're going to make life Hell for him. They're going to make it very difficult. Because Trump will probably nominate very conservative justices."

And because all of this...the possibility of the next president having to appoint as many as four justices...we go back to Schmidt's original assertion: this election specifically could end up being particularly pivotal where the high court is concerned. "You appoint young people so that they're there for a long time and they have a lifetime term. so no this is very unusual."

As for concerns about the Supreme Court having only 8 justices, Schmidt says in the case of a tie lower court rulings would stand...which would give those lower courts more power than they have now.