That depends. The two Justices who are thought to be retiring during the next four years are Ginsberg and, possibly, Breyer. Both of them were appointed by Clinton.psijac wrote:By the time this gets to the supreme court Obama will have had packed it with all progressives
Ginsberg consistently votes liberal; in fact, she almost always dissents with any ruling of the Conservatives on the Court. She is the most liberal member of the court.
Breyer usually votes liberal, but has voted centrist in the past.
Both Breyer and Ginsberg voted against the Heller decision. Breyer wrote the dissenting opinion.
If both of these Justices retire, and Obama is re-elected, he will replace them with people just as liberal, thus maintaining the status quo on the Court. If a Republican gets elected, then I have no idea who would replace them. It would depend on who the Republican nominee is. I could see Romney putting a moderate in there who might turn out to be liberal, much as Souter was who was nominated by G.H.W. Bush. Kennedy, who was appointed by Reagan, also sometimes votes liberal.
If the GOP gains control of the Senate, however, then the GOP could filibuster any nominee which they believe to be too liberal.