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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