Donald Trump Supreme Court candidates
With the advice and consent of the United States Senate, the President of the United States appoints the members of the Supreme Court of the United States, which is the highest court of the federal judiciary of the United States. Following his victory in the 2016 presidential election, Republican Donald Trump took office as president on January 20, 2017, and Trump faced an immediate vacancy on the Supreme Court due to the February 2016 death of Associate Justice Antonin Scalia. During the 2016 campaign, Trump released two lists of potential nominees to the Supreme Court. After taking office, Trump nominated Neil Gorsuch to succeed Scalia on January 31, 2017. Gorsuch was confirmed on April 7 and sworn in on April 10, 2017.
Trump began his term in January 2017 with a vacancy to be filled as a result of the February 2016 death of Justice Antonin Scalia and the subsequent opinion of Senate Republicans that the new president should appoint Scalia's replacement. Three of the Court's justices—Ruth Bader Ginsburg (born 1933), Anthony Kennedy (born 1936) and Stephen Breyer (born 1938)—are or will soon turn 80, a fact that has stoked speculation that additional vacancies may occur during Trump's four-year presidential term. Because two of these justices (Ginsburg and Breyer) are part of the liberal wing of the Court and Kennedy is a swing vote who often aligns with them on social issues, many top political analysts see Trump's term as a chance for Republicans to reshape the court significantly towards a more conservative vision of the law.
The Supreme Court is composed of the following nine justices:
|Name||Age||Serving since||Appointed by||Law School (JD or LLB)|
|Roberts, JohnJohn Roberts
|63||2005||George W. Bush||Harvard University|
|Kennedy, AnthonyAnthony Kennedy||81||1988||Ronald Reagan||Harvard University|
|Thomas, ClarenceClarence Thomas||69||1991||George H. W. Bush||Yale University|
|Ginsburg, Ruth BaderRuth Bader Ginsburg||85||1993||Bill Clinton||Columbia University[note 1]|
|Breyer, StephenStephen Breyer||79||1994||Bill Clinton||Harvard University|
|Alito, SamuelSamuel Alito||68||2006||George W. Bush||Yale University|
|Sotomayor, SoniaSonia Sotomayor||63||2009||Barack Obama||Yale University|
|Kagan, ElenaElena Kagan||58||2010||Barack Obama||Harvard University|
|Gorsuch, NeilNeil Gorsuch||50||2017||Donald Trump||Harvard University[note 2]|
Neil Gorsuch nomination
On February 13, 2016, Associate Justice Antonin Scalia was found dead while vacationing at Cibolo Creek Ranch near Marfa, Texas. Scalia's death marked just the second time in sixty years that a sitting Supreme Court Justice died. It led to a rare Supreme Court nomination during the last year of a presidency.
Mitch McConnell (Senate majority leader) stated the new President should replace Scalia, while President Obama stated that he planned to nominate someone to replace Scalia on the Supreme Court. On February 23, the eleven Republican members of the Senate Judiciary Committee signed a letter to McConnell stating their intention to withhold consent on any nominee made by President Obama, and that no hearings would occur until after January 20, 2017, when the new president took office. On March 16, 2016, Obama nominated then-Chief Judge Merrick Garland (of the United States Court of Appeals for the District of Columbia Circuit), to replace Scalia. After Garland's nomination, McConnell reiterated his position that the Senate would not consider any Supreme Court nomination until a new president took office. Garland's nomination expired on January 3, 2017, with the 114th Senate having taken no action on the nomination.
During his 2016 presidential campaign, while Garland remained before the Senate, Trump released two lists of potential nominees. On May 18, 2016, Trump released a short list of eleven judges for nomination to the Scalia vacancy. On September 23, 2016, Trump released a second list of ten possible nominees, this time including three minorities. Both lists were assembled by the Federalist Society and the Heritage Foundation. Days after Trump's inauguration, Politico named three individuals as the front-runners for Scalia's position: Neil Gorsuch, Thomas Hardiman and Bill Pryor, with Trump reportedly later narrowing his list down to Gorsuch and Hardiman. At the time of the nomination, Gorsuch, Hardiman, and Pryor were all federal appellate judges who were appointed by President George W. Bush. Trump and White House Counsel Don McGahn interviewed those three individuals as well as Judge Amul Thapar of the U.S. District Court for Eastern District of Kentucky in the weeks before the nomination. President Trump announced Gorsuch as his nominee on January 31. Gorsuch was confirmed by the United States Senate in a 54-45 vote. Gorsuch was sworn in as Associate Justice of the Supreme Court on April 10.
Below is a list of individuals who have been mentioned in various news accounts as the most likely potential nominees for a Supreme Court appointment under Trump. Most (but not all) of them were included on one of the two lists of potential nominees Trump released during the 2016 campaign.
Following the nominations of Neil Gorsuch to the Supreme Court and Amul Thapar to the Sixth Circuit, it was noted that Trump might try to season some of the candidates on his original lists with federal Circuit Court experience prior to another possible Supreme Court vacancy. He later nominated Joan Larsen and David Stras to the Sixth and Eighth Circuits, respectively.
Despite speculation that Trump might consider other candidates for a possible second Supreme Court nomination, Trump has said he will make his next appointment from the same list he used to choose Gorsuch (i.e., the combined 21 names given on either of the two lists he released during the campaign), describing the list as "a big thing" for him and his supporters.
Note: Names marked with a single asterisk (*) were included on the original short list of eleven potential candidates for the Scalia vacancy released by the Trump campaign on May 18, 2016. Names marked with a double asterisk (**) were included on the additional short list of ten more potential candidates released on September 23, 2016. Names marked with a dagger (†) were not included on either of these short lists.
United States Courts of Appeals
- Court of Appeals for the DC Circuit
- Court of Appeals for the 3rd Circuit
- Court of Appeals for the 6th Circuit
- Court of Appeals for the 7th Circuit
- Court of Appeals for the 8th Circuit
- Court of Appeals for the 10th Circuit
- Court of Appeals for the 11th Circuit
- Court of Appeals for the Armed Forces
United States District Courts
- Federico Moreno** (born 1952) – District Judge, United States District Court for the Southern District of Florida
State Supreme Courts
- Keith Blackwell** (born 1974/1975) – Associate Justice, Georgia Supreme Court
- Charles Canady** (born 1954) – Associate Justice, Supreme Court of Florida
- Allison Eid* (born 1965) – Associate Justice, Colorado Supreme Court (nominated to the Tenth Circuit)
- Joan Larsen* (born 1968) – Associate Justice, Michigan Supreme Court (nominated to the Sixth Circuit)
- Thomas Rex Lee* (born 1964) – Associate Chief Justice, Utah Supreme Court (possible candidate for a Circuit Court vacancy)
- Edward Mansfield** (born 1957/1958) – Associate Justice, Iowa Supreme Court
- David Stras* (born 1974) – Associate Justice, Minnesota Supreme Court (nominated to the Eighth Circuit)
- Don Willett* (born 1966) – Associate Justice, Supreme Court of Texas (possible candidate for a Circuit Court vacancy)
- Robert Young Jr.** (born 1951) – Associate Justice, Michigan Supreme Court
United States Senators
- Federal judicial appointment history
- List of federal judges appointed by Donald Trump
- United States federal judge
- Ginsburg began her legal studies at Harvard, but transferred to and graduated from Columbia.
- Gorsuch also earned a DPhil in law from University College, Oxford.
- Thapar was originally placed on Trump's (second) short list for the Supreme Court as a judge of the United States District Court for the Eastern District of Kentucky. After the nomination of Gorsuch to the Scalia vacancy, however, Trump nominated Thapar to the Sixth Circuit Court of Appeals. Thapar was confirmed on May 25, 2017, and this promotion is considered to enhance his potential for nomination to a future Supreme Court vacancy.
- Ruger, Todd (October 19, 2016). "Clinton, Trump Talk Around Senate in Supreme Court Debate". Roll Call. Retrieved October 21, 2016.
- Kabot, Joel (2017-01-13). "Trump could alter Supreme Court for decades to come". TheHill. Retrieved 2017-06-09.
- Liptak, Adam (2016-11-09). "What the Trump Presidency Means for the Supreme Court". The New York Times. ISSN 0362-4331. Retrieved 2017-06-09.
- Liptak, Alan (February 13, 2016), "Justice Antonin Scalia, Who Led a Conservative Renaissance on the Supreme Court, Is Dead at 79", The New York Times, retrieved February 17, 2016
- Gresko, Jessica (February 14, 2016). "Scalia's death in office a rarity for modern Supreme Court". Associated Press. Archived from the original on February 16, 2016. Retrieved February 15, 2016.
- "President Obama Delivers a Statement on the Passing of Supreme Court Justice Scalia", Rancho Mirage, CA (February 13, 2016).
- Letter to U.S. Senate Majority Leader Mitch McConnell (February 23, 2016).
- "Grassley on Supreme Court Nomination: ‘We have a constitutional responsibility". Des Moines, Iowa: WHO tv interview. March 1, 2016. Retrieved March 3, 2016.
- Shear, Michael D. (March 16, 2016). "Obama Chooses Merrick Garland for Supreme Court". New York Times. Retrieved March 16, 2016.
- Howe, Amy (January 3, 2017). "Garland nomination officially expires". Scotusblog. Retrieved January 30, 2017.
- Alan Rappeport, Charlie Savage (May 18, 2016). "Donald Trump Releases List of Possible Supreme Court Picks". The New York Times. Archived from the original on July 22, 2016.
- Reena Flores, Major Garrett (September 23, 2016). "Donald Trump expands list of possible Supreme Court picks". CBS News. Retrieved November 13, 2016.
- Goldmacher, Shane; Johnson, Eliana; Gerstein, Josh (31 January 2017). "How Trump got to yes on Gorsuch". Politico. Retrieved 1 February 2017.
- Johnson, Eliana; Goldmacher, Shane (January 24, 2017). "Trump's down to three in Supreme Court search". Politico. Retrieved January 24, 2017.
- Ngo, Emily (January 29, 2017). "Donald Trump poised to make Supreme Court nomination". Newsday. Retrieved January 29, 2017.
- Sherman, Mark; Salama, Vivian (24 January 2017). "President Trump narrows Supreme Court nomination down to three judges". Christian Science Monitor. Retrieved 31 January 2017.
- Wheeler, Lydia (January 31, 2017). "Trump taps Neil Gorsuch for Supreme Court". The Hill. Retrieved January 31, 2017.
- Liptak, Adam; Flegenheimer, Matt (7 April 2017). "Neil Gorsuch Confirmed by Senate as Supreme Court Justice". The New York Times. Retrieved 7 April 2017.
- Goldmacher, Shane (April 6, 2017). "Trump's hidden back channel to Justice Kennedy: Their kids". Politico. Retrieved April 8, 2017.
- Williams, Joseph P. (May 1, 2017). "Trump: Next Supreme Court Nominee Will Come From Conservative List". U.S. News & World Report. Retrieved May 3, 2017.
- Wheeler, Lydia (April 23, 2017). "Trump eyeing second Supreme Court seat". The Hill. Retrieved May 3, 2017.
- de Vogue, Ariane; Biskupic, Joan (May 2, 2017). "Conservatives prepare for Justice Anthony Kennedy's retirement". CNN. Retrieved May 3, 2017.
- Kendall, Brent; Bravin, Jess (January 27, 2017). "Who's Who: Donald Trump's Potential Supreme Court Picks". The Wall Street Journal. Retrieved January 30, 2017.
- "Resources: Potential U.S. Supreme Court Nominees of President-Elect Donald Trump", The Institute for Intermediate Study (tifis.org)
- "Donald J. Trump Releases List of Potential United States Supreme Court Justices", donaldjtrump.com (May 18, 2016).
- "Donald J. Trump Finalizes List of Potential Supreme Court Justice Picks" donaldjtrump.com (September 23, 2016).