Thursday, 10 November 2016

What Donald Trump's Presidential Victory Means for the Supreme Court.



Donald Trump’s victory in the presidential election will likely have wide-ranging implications for the nation’s highest court, which has had only eight sitting members since the death of conservative Justice Antonin Scalia earlier this year.

For some clarity on what Trump’s victory means and what might come next, we spoke to ABC News contributor and Benjamin N. Cardozo School of Law professor Kate Shaw.

Most immediately, what happens to Merrick Garland, the man President Barack Obama named to replace Justice Antonin Scalia?

Kate Shaw: Judge Garland’s nomination will technically remain pending until the Senate adjourns or the White House withdraws it, but it’s clearly not going anywhere. At some point, probably sooner rather than later, Garland will exit the limbo he’s been in since March, when President Obama nominated him, and resume hearing cases on the D.C. circuit, where he’s still the chief judge.

With Garland’s nomination going nowhere, who are some of the people Trump might nominate to replace Scalia? And what do we know about these individuals broadly?

KS: Most of the time, we end up making informed guesses about these things, but here we have a road map. 
Trump has put out two lists of potential nominees. The lists, which were evidently compiled with help from the Heritage Foundation and the Federalist Society, consist mostly of conservative sitting judges, both state and federal, in addition to one sitting senator, Utah’s Mike Lee. Although Lee previously indicated that he’s not interested in leaving the Senate for the court, he may take a different view now that Trump is the president-elect.

The court doesn’t have any former state-court judges on it — and hasn’t since the retirement of Justice David Souter in 2009 — so someone like Justice Joan Larsen, a former Scalia clerk now on the Michigan Supreme Court, may draw interest from the Trump transition team. Another interesting outside possibility, though not a state-court judge, is Margaret Ryan, a former active duty Marine and former Justice Clarence Thomas clerk who’s now on the Court of Appeals for the Armed Forces.

Trump’s lists are also interesting in whom they omit — powerful D.C. lawyers like George W. Bush’s Solicitor General Paul Clement and prominent conservative judges like the D.C. circuit’s Brett Kavanaugh. Trump is, of course, not limited to the lists, so I’d expect folks like that to get a look as well.


By Benjamin Bell.
Full story at Yahoo News.

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