“An Early Look At Trump’s Supreme Court Shortlist”
In a number of prior posts, I expressed disappointment that now-Prez-Elect Donald Trump did not provide while on the campaign trial a Supreme Court short list as he had in both 2016 and 2020. But, helpfully, this morning Law360 has this new article with the headline that is the title of this post. Here are excerpts for those already interested in SCOTUS speculating:
Trump didn’t campaign heavily on the Supreme Court, instead focusing on issues like immigration and the economy. But his presumed win Wednesday would give him the chance to appoint two additional justices to the high court if either Justices Clarence Thomas, 76, or Samuel Alito, 74, decide to retire in the next four years. Neither Justices Alito nor Thomas have publicly announced plans to retire in the next four years, but they could strategically decide to step down to ensure like-minded justices succeed them.
Law360 took an early look at some of the judges whose names may top Trump’s nominee shortlist.
The first three candidates all sit on the Fifth Circuit: U.S. Circuit Judges Stuart Kyle Duncan, Andrew S. Oldham and James C. Ho….
Next on the list is Sixth Circuit Judge Amul Thapar, who was appointed to the court by Trump in 2017 and has quickly become one of the leading so-called feeder judges whose clerks appear more likely to later clerk at the Supreme Court….
Another top feeder judge, D.C. Circuit Judge Gregory G. Katsas was appointed to the appellate court by Trump in 2017….
Ninth Circuit Judge Lawrence VanDyke, who was appointed to the court by Trump in 2020, could also be on the president’s shortlist if a Supreme Court vacancy arises….
Several other names have been suggested as potential Supreme Court nominees, including Southern District of Florida Judge Aileen M. Cannon, the judge who dismissed Trump’s classified documents federal indictment, and Kristen Waggoner, CEO and general counsel at Alliance Defending Freedom, the legal advocacy group behind recent religious freedom wins handed down by the Supreme Court.
It will be interesting to see in the coming months whether and how chatter about Justices Thomas and Alito stepping down develops. Both are still relatively young by recent government service standard. Not only are they years younger than now-Prez-Elect Donald Trump, but even by 2028, they will both still be at a younger age than the last three Justices to leave the Court. (Justices Stephen Breyer and Anthony Kennedy were in their early 80s when they stepped down, Justice Ruth Bader Ginsburg was 87 when she passed away.) And if Justice Thomas serves into 2028, he could end up the longest serving Justice of all-time.
[Update: On the topic of age and the future federal judiciary, I just saw an article stating that “Senator Chuck Grassley (R-Iowa) will take the gavel of the Judiciary Committee.” Senator Grassley is 91 years old. If Justices Thomas or Alito want to and are able to keep serving as Justices until they are Senator Grassley’s vintage, they could remain on SCOTUS until the 2040s.]
Perhaps more important than age is the current composition of the Court. With Supreme Court now comprised of a super-majority of conservative Justices, Justices Thomas and Alito in a sense have more power and influence on the Court’s work now than ever before. Though I am sure lots of folks are eager to imagine them replaced with younger jurists, I suspect they are in no rush to move on.
Prior recent related posts: