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Say, that, Gerald Ford wins in 1976 and a Democrat wins in 1980, leading to Democrats ruling in the 80s.
What would this timeline's U.S. Supreme Court look like? It would be much more liberal than our timeline's. Potter Stewart would, doubtless, still retire in 1981, because he wanted to spend more time with his grandchildren and to retire while was still in good health. Would Chief Justice Warren Burger still retire in 1986 because of the constitution's bicentennial celebrations or would he continue as Chief Justice until a Republican President was around? Regardless, in this timeline, Rehnquist would almost certainly never become Chief Justice and, thus, Scalia would almost certainly never join the Court. Lewis F. Powell, Jr. would almost certainly still retire in 1987 because of his declining health. William Brennan and Thurgood Marshall would almost certainly also retire during this timeline's Democratic 80s. Brennan's retirement wouldn't affect the ideological composition of the Supreme Court compared to our timeline but Marshall's would.
Byron White and Harry Blackmun may retire earlier, too, but those retirements wouldn't affect the ideological composition of the Supreme Court compard to our timeline.
Off the top of my mind, one important case that would go the other way in this timeline would be Bowers v. Hardwick.
Thoughts?
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