“…Selecting a replacement for Justice
Scalia from one of the 20 judges on [Trump’s] list who will uphold and defend
the Constitution of the United States… Actually, there
are two lists Trump released during the campaign, totaling 21
names, including state as well as federal judges, and one U.S. senator, Mike
Lee of Utah, who rejected the idea at the time and never endorsed Trump.
“Two days after the election, a quick
survey of individuals who normally would be involved in the Supreme Court
selection process for an incoming Republican president produced a remarkable
lack of information. Individuals involved in the past said this time they had ‘no
idea’ who was doing this for Trump and had not been consulted.
“The lists produced
during the campaign were generated in large part by the conservative Heritage Foundation,
and the ideology represented by those potential nominees ranges from very
conservative to even more conservative. There are some common themes,
however. A general hostility to claims of ‘reproductive freedom,’ from abortion
to contraception; a hostility to government regulations, ranging from rules
aimed at protecting the environment from coal-fired utilities to rules limiting
access to guns. All of these are consistent with positions taken by Trump
during the campaign. Some of the listed judges, however, have taken
anti-gay-rights positions that Trump stayed away from in the campaign.
“It is not entirely clear at this point
whether Trump will actually pick someone from his two campaign lists or might
go outside those lists. And there is some effort to get him to consider
conservative judges and lawyers who are not on the lists. Among them: Paul
Clement, the former George W. Bush solicitor general, who has argued 75 cases
in the Supreme Court, including some of the most important conservative challenges
to liberal Obama administration policies; Brett Kavanaugh, a highly respected
federal judge on the U.S. Court of Appeals for the District of Columbia; and
Jeffrey Sutton, of the 6th Circuit Court of Appeals, based in Ohio, who was
also one of the late Justice Antonin Scalia’s favorite law clerks.
"Trump's list includes none of the
conservative lawyers who practice regularly before the Supreme Court, nor does
it include any of the highly regarded conservative judges who sit on the U.S.
Court of Appeals for the District of Columbia, the court that the late Justice
Antonin Scalia served on, and on which Obama nominee Garland now serves as
Chief Judge.
"In the past, the D.C. Circuit, as it is
known, has been something of a farm team for the Supreme Court. The current
chief justice, John Roberts, and Justices Ruth Bader Ginsburg and Clarence
Thomas, all served on the D.C. Circuit before being elevated to the Supreme
Court.
"Except for Sen. Lee, Trump's list is
drawn from other courts around the country, both state and federal. Friday's
additional 10 include:
- Keith Blackwell
- Charles Canady
- Neil Gorsuch
- Mike Lee
- Edward Mansfield
- Federico Moreno
- Margaret A. Ryan
- Amul Thapar
- Timothy Tymkovich
- Robert Young
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