President Trump Releases 20 New Potential SCOTUS Picks — Some Intriguing Names Are On It.

Red State ^ | 09/09/2020 | by Shipwreckedcrew

[SeekAndFind]

In this March 16, 2020 photo, people walk outside the Supreme Court in Washington. The Supreme Court sided unanimously Monday with North Carolina in a copyright fight with a company that has documented the salvage of the pirate Blackbeard’s ship off the state’s coast. Justice Elena Kagan wrote for the court that the company’s copyright infringement lawsuit, which she called “a modern form of piracy,” could not go forward because the Constitution generally protects states from lawsuits in federal courts. (AP Photo/Patrick Semansky)

 

I am not talking about Tom Cotton, Josh Hawley, or Ted Cruz. All might make terrific picks, but my view is that judges with track records on the bench or as litigators are the front-line candidates for the few-and-far-between opportunities to name a new Justice to the Court.

The new list has several names who seem to have been included as a “favor” to some patron. There are several who by virtue of position, experience, and scholarship just do not fit the template of a new nominee to SCOTUS. One or more of these individuals might make a fine Justice, but they simply don’t have the profile at this point in time to be taken seriously notwithstanding their inclusion.

There are several recently appointed members of various Federal Courts of Appeal. But as a general matter, these judges lack an established record of jurisprudence that would create any confidence in terms of what their judicial philosophy might be. Many have similar backgrounds and belonged to the right “organizations”, but most are short on judicial experience and the inclusion as one of only nine Justices on SCOTUS would be a bit jolting in my view.

But there are couple names on the new list that stand out to me — a couple obvious to people who pay attention to this stuff as I do — and a couple I never heard of but upon closer examination of their history, I think they could be serious candidates in the future. Maybe not for the first open seat, but for a second opening if that were to happen.

The most obvious to me is Paul Clement, former Solicitor General of the United States during the second term of Pres. Bush 43, and a highly accomplished advocate before SCOTUS. In his mid-50s, Clement fits the profile of a Justice who could serve 25+ years on the Court. He was a Clerk for Justice Scalia after graduating from Harvard Law School.

Fifth Circuit James Ho, on biography, scholarship, and judicial service, would be a tremendous selection. Judge Ho was born in Taiwan and moved to the US as a toddler. He went to Stanford and the University of Chicago Law School. He clerked for Justice Clarence Thomas, was Chief Counsel to Senator John Cornyn on the Senate Judiciary Committee, was the Solicitor General for the State of Texas, and was Co-Chair of a major law firm’s appellate and constitutional law practice.

Judge Ho would be controversial because he has developed a reputation for being something of a “bomb thrower” from the bench in his written opinions. His published decisions would be the source of great entertainment in a confirmation setting — one where I’m certain he would be more than capable of defending himself.

The final name I’ll mention — there are others who are interesting as well that I’m not going to cover — is someone that I’m guessing no one has ever heard of, but in my opinion, she’s likely somewhere near the top of any shortlist — Kate Todd, currently a Deputy Assistant to the President and a Deputy Counsel to the President. I believe this means she is, in effect, the intersection between the Office of the Chief of Staff, and the White House Counsel’s Office.

After graduating from Harvard Law School, Todd served as a law clerk for Justice Clarence Thomas, and before that she clerked for Judge J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit – an extraordinarily influential individual in conservative legal circles in the US. She also worked in the White House Counsel’s Office for Pres. Bush 43.

Todd has an extreme “anti-regulation” history going back to her work for the US Chamber of Commerce litigation arm. This is a legal issue that is “near and dear” to Pres. Trump’s heart — more so than most of the “cultural” issues that animate many conservatives. She is reported to have been among the finalists to replace Justice Kavanaugh on the DC Appeals Court — a position that ultimately went to Judge Naomi Rao.

There will be significant pressure on Pres. Trump to nominate a woman to the Court regardless of where the opening occurs, with no conservative woman having been named to the Court since the retirement of Justice O’Connor. There are several prominent women Judges on Pres. Trump’s first list, and some were considered “finalists” for the positions that went to Justice Kavanaugh and Justice Gorsuch. Whether Kate Todd would “jump over” those other female candidates and go to the front of the line is hard to predict. But, if I wanted Donald Trump to appoint me to an important position, I’d rather be working for him close at hand rather than out in a federal building hundreds or thousands of miles away. And Donald Trump likes to do the unexpected, as was the case with Justice Gorsuch.

That’s why I think Kate Todd is a very “live” contender for a SCOTUS seat.

 

 

[hinckley buzzard]

Why such a long list? A half dozen would be plenty. I suspect Trump is trolling again!

[SeekAndFind]

Mr. Trump also raised familiar names such as Judge Amy Coney Barrett of the 7th U.S. Circuit Court of Appeals and Judge Thomas Hardiman of the 3rd U.S. Circuit Court of Appeals, both of whom were considered to fill Justice Anthony Kennedy's seat following his retirement in 2018 and were added to earlier lists of candidates.

While there is no current vacancy on the Supreme Court, it's believed the next president could appoint at least one justice. Justice Ruth Bader Ginsburg, the anchor of the court's liberal wing, is 87 and has faced recent health challenges, and Justice Stephen Breyer is 82. Justice Clarence Thomas, currently the Supreme Court's longest-serving member, is 72.

Here are all the new names on the president's list:

• Judge Bridget Bade, 9th U.S. Circuit Court of Appeals
• Daniel Cameron, Kentucky attorney general
• Paul Clement, former solicitor general
• Senator Tom Cotton of Arkansas
• Senator Ted Cruz of Texas
• Judge Stuart Kyle Duncan, 5th U.S. Circuit Court of Appeals
• Steven Engel, assistant attorney general at the Justice Department
• Noel Francisco, former solicitor general under the Trump administration
• Senator Josh Hawley of Missouri
• Judge James Ho, 5th U.S. Circuit Court of Appeals
• Judge Greg Katsas, U.S. Court of Appeals for the District of Columbia Circuit
• Judge Barbara Lagoa, 11th U.S. Circuit Court of Appeals
• Christopher Landau, U.S. ambassador to Mexico
• Justice Carlos Muniz, Florida Supreme Court
• Judge Martha Pacold, U.S. District Court for the Northern District of Illinois
• Judge Peter Phipps, 3rd U.S. Circuit Court of Appeals
• Judge Sarah Pitlyk, U.S. District Court for the Eastern District of Missouri
• Judge Allison Jones Rushing, 4th U.S. Circuit Court of Appeals
• Kate Todd, deputy White House counsel
• Judge Lawrence VanDyke, 9th U.S. Circuit Court of Appeals
  

[SeekAndFind]

President Trump also raised familiar names such as Judge Amy Coney Barrett of the 7th U.S. Circuit Court of Appeals and Judge Thomas Hardiman of the 3rd U.S. Circuit Court of Appeals, both of whom were considered to fill Justice Anthony Kennedy's seat following his retirement in 2018 and were added to earlier lists of candidates.

While there is no current vacancy on the Supreme Court, it's believed the next president could appoint at least one justice. Justice Ruth Bader Ginsburg, the anchor of the court's liberal wing, is 87 and has faced recent health challenges, and Justice Stephen Breyer is 82. Justice Clarence Thomas, currently the Supreme Court's longest-serving member, is 72.

Here are all the new names on the president's list:

• Judge Bridget Bade, 9th U.S. Circuit Court of Appeals
• Daniel Cameron, Kentucky attorney general
• Paul Clement, former solicitor general
• Senator Tom Cotton of Arkansas
• Senator Ted Cruz of Texas
• Judge Stuart Kyle Duncan, 5th U.S. Circuit Court of Appeals
• Steven Engel, assistant attorney general at the Justice Department
• Noel Francisco, former solicitor general under the Trump administration
• Senator Josh Hawley of Missouri
• Judge James Ho, 5th U.S. Circuit Court of Appeals
• Judge Greg Katsas, U.S. Court of Appeals for the District of Columbia Circuit
• Judge Barbara Lagoa, 11th U.S. Circuit Court of Appeals
• Christopher Landau, U.S. ambassador to Mexico
• Justice Carlos Muniz, Florida Supreme Court
• Judge Martha Pacold, U.S. District Court for the Northern District of Illinois
• Judge Peter Phipps, 3rd U.S. Circuit Court of Appeals
• Judge Sarah Pitlyk, U.S. District Court for the Eastern District of Missouri
• Judge Allison Jones Rushing, 4th U.S. Circuit Court of Appeals
• Kate Todd, deputy White House counsel
• Judge Lawrence VanDyke, 9th U.S. Circuit Court of Appeals
  

President Trump also raised familiar names such as Judge Amy Coney Barrett of the 7th U.S. Circuit Court of Appeals and Judge Thomas Hardiman of the 3rd U.S. Circuit Court of Appeals, both of whom were considered to fill Justice Anthony Kennedy's seat following his retirement in 2018 and were added to earlier lists of candidates.

While there is no current vacancy on the Supreme Court, it's believed the next president could appoint at least one justice. Justice Ruth Bader Ginsburg, the anchor of the court's liberal wing, is 87 and has faced recent health challenges, and Justice Stephen Breyer is 82. Justice Clarence Thomas, currently the Supreme Court's longest-serving member, is 72.

Here are all the new names on the president's list:

• Judge Bridget Bade, 9th U.S. Circuit Court of Appeals
• Daniel Cameron, Kentucky attorney general
• Paul Clement, former solicitor general
• Senator Tom Cotton of Arkansas
• Senator Ted Cruz of Texas
• Judge Stuart Kyle Duncan, 5th U.S. Circuit Court of Appeals
• Steven Engel, assistant attorney general at the Justice Department
• Noel Francisco, former solicitor general under the Trump administration
• Senator Josh Hawley of Missouri
• Judge James Ho, 5th U.S. Circuit Court of Appeals
• Judge Greg Katsas, U.S. Court of Appeals for the District of Columbia Circuit
• Judge Barbara Lagoa, 11th U.S. Circuit Court of Appeals
• Christopher Landau, U.S. ambassador to Mexico
• Justice Carlos Muniz, Florida Supreme Court
• Judge Martha Pacold, U.S. District Court for the Northern District of Illinois
• Judge Peter Phipps, 3rd U.S. Circuit Court of Appeals
• Judge Sarah Pitlyk, U.S. District Court for the Eastern District of Missouri
• Judge Allison Jones Rushing, 4th U.S. Circuit Court of Appeals
• Kate Todd, deputy White House counsel
• Judge Lawrence VanDyke, 9th U.S. Circuit Court of Appeals
  

[Rummyfan]

No one is getting nominated without an opening. What does the pool on RBG say?

[LesbianThespianGymnasticMidget]

What!!! No Napolitano? Oh man, is he going to be mad again....

LOL

[SeekAndFind]

RE: What!!! No Napolitano? Oh man, is he going to be mad again....

He lost me when I heard him say in Fox News that he supported the lawsuit against the Christian owner of Masterpiece Cakeshop for refusing to bake a cake for the gay wedding.

[gibsonguy]

Right, No Merrick Garland either! It’s just wrong.

[SeekAndFind]

RE: What does the pool on RBG say?

RBG is holding on in the hope that Trump will lose this coming November and a President Biden will be in position to nominate her successor.

[Veggie Todd]

This b#tch shouldn't even be allowed to work in a toll booth, let alone be a judge.

[Michael.SF.]

for being something of a “bomb thrower” from the bench in his written opinions.

Sounds like Trump's kind of guy!

[who_would_fardels_bear]

Does every candidate have to be from Harvard?

Can we not have someone that went to a small but decent law school that didn't have the funds to hire a professor to teach Critical Race Theory or how to treat the Constitution as a "living document"?

How nice it would be if they nominated a tax attorney or even a divorce attorney. Someone who has to deal with people at the retail level and not at the theoretical level.

[Michael.SF.]

What does the pool on RBG say?

I'll take: Heart attack the day that Trump is declared the winner.

[Michael.SF.]

Why such a long list?

Each nominee will be heavily scrutinized, cases reviewed, decisions read, back grounds studied. 20 names represents thousands of man hours of work by staff members of the Judicial committee and others.

I'd be good with 40 on the list.

[miserare]

I am happy to see Tom Cotton on the list.

[Michael.SF.]

RBG is holding on in the hope that Trump will lose this coming November and a President Biden will be in position to nominate her successor

And:

RBG is holding on in the hope that Hillary will win in November and a President Clinton will be in position to nominate her successor

[Sparticus]

Each nominee will be heavily scrutinized, cases reviewed, decisions read, back grounds studied. 20 names represents thousands of man hours of work by staff members of the Judicial committee and others.

I'd be good with 40 on the list.

Excellent point. If there is going to be a list, make it hard for the opposition to single out a few individuals for the pre-nomination proctology exams.

[SeekAndFind]

RE: RBG is holding on in the hope that Hillary will win in November and a President Clinton will be in position to nominate her successor

I hope she holds on till 2024. I’m curious to see how she holds up till then :)

[gcparent]

I like the names. But why give up a senate seat? Did that with Sessions.

[Fai Mao]

Yeah, it wold be good if one of them was from some state school