Based off of previous statements by the Hildebeest, this seems to be a reality. Check it out.
In politics, there are two guiding principles: Anything is possible, and always expect the unexpected. Therefore, it is conceivable that if Hillary Clinton is elected 45th president of the United States she could nominate the 44th president to the Supreme Court.
For starters, it is perfectly legal, and President Obama would not be the first former president to hold the title of Justice. That distinction went to William Howard Taft, the 27th president of the United States. Nine yearrs after his reelection defeat in 1912, Taft donned the robe of Chief Justice of the Supreme Court. He was appointed by Republican President Warren G. Harding. Taft then led the high court for nine years until 1930.
It is doubtful that Chief Justice John Roberts would step aside for President Obama to follow in Taft’s exact footsteps, so technically Obama could be the first former president to serve as an Associate Justice.
A Google search sheds some light on this possibility. A Washington Times headline from January 27, 2016, reads: “Hillary Clinton ‘loves’ the idea of appointing Obama to the Supreme Court.” Times reporter Kelly Riddell wrote that Clinton told the crowd at an Iowa campaign event that the next president “may have to appoint up to three Supreme Court justices.” Then, when someone mentioned that Obama could potentially fill one of those vacancies, Clinton replied: “Wow, what a great idea. No one has ever suggested that to me, I love that, wow.”
Then she added:
He may have a few things to do, but I tell you, that’s a great idea. I mean, he’s brilliant, he can set forth an argument and he was a law professor, so he has got all the credentials, but he would have to get a Democratic Senate to get him confirmed.
Just two weeks later on February 13, Justice Antonin Scalia died suddenly. Scalia’s passing increases the likelihood that the next president could be tasked with filling four vacancies considering that three of the eight sitting justices are over the age of 75 — Ruth Bader Ginsberg is 83, Anthony Kennedy is 80, and Stephen Breyer is 77.
Obviously, four potential appointments would drastically impact court decisions for several decades, and this is the reason why, on May 18, Donald Trump released his list of potential SCOTUS nominees.
Then on July 30, The Hill reported that Clinton’s SCOTUS “short list” had emerged. It was no surprise that Obama’s name did not appear, but here are some reasons why President Obama might find the high court an enticing place to spend a decade or two of his post-presidency.
A seat on the Supreme Court would enhance Obama’s overall legacy — the building and perception of which he is keenly aware. Recent accolades for post-presidential activity (especially among the last two Democratic presidents Carter and Clinton) have greatly contributed to presidents’ legacies, increasing the pressure for future former presidents to continue to “make a difference.”
Moreover, “Justice Obama” could further influence issues that impacted his presidency when hot-button cases involving Obamacare, gun control, immigration, and executive overreach come before the Supreme Court. Justice Obama would not be forced to recuse himself because with very few exceptions (like having a financial investment in a company that is before the court) justices make their own decisions of when to recuse themselves.