Wednesday, May 18, 2016

Will this help you to decide to vote for Trump?

Donald Trump has released a list of suggested names he would consider appointing to fill the Supreme Court vacancy. You can read a paragraph about each of them here. Ann Althouse writes,
Saying the reaction was "mixed," the Times quotes Nan Aron (president of the liberal Alliance for Justice Action Council), who found these people "dangerous" — "some of the most extreme conservatives on the federal bench today" — and Ed Whelan ("a prominent conservative legal commentator") who said it was "a good list of some of the outstanding judges who give ample sign of being faithful to the Constitution." Actually, that sounds like an unmixed reaction: It sounds like the reaction that the potential nominees all seem to be conservative.

A commenter named Quizbowla at Ann's blog added,
Some notes on the 11: Only one attended Harvard or Yale (Yalie Steven Colloton), nine clerked at the federal level (Gruender and Hardiman did not), three former law profs, two (Hardiman and Sykes) have experience as a trial judge, two (Colloton and Gruender) former US attorneys. Of the nine federal clerks, six made it to the Supreme Court. Three (Eid, Lee, Stras) clerked for Thomas, and one each clerked for Rehnquist (Colloton), Kennedy (Kethledge), and Scalia (Larsen).

Geographically, this list is a shot against the bi-coastal dominance of the current Court. One Yale graduate, one Georgetown graduate and one Duke graduate, with the rest from decidedly "flyover" country. (Stras attended U Kansas law school!) This is a "freshwater" list.

Finally, almost half (5 of 11) would come directly from a state supreme court. The last SCOTUS justice to come directly from a state supreme court was Bill Brennan (NJ) in '56. O'Connor came from AZ's intermediate appellate court.

Commenter Madison Man noted that none the 11 are Harvard grads:
Steven Colloton: Yale Law.
Raymond Gruender: Wash U St. Louis
Thomas Hardiman: Georgetown
William Pryor: Tulane
Diane Sykes: Marquette
Raymond Kethledge: Wayne State/U. Michigan
Allison H. Eid: U. Chicago
Joan Larsen: Northwestern
Thomas Lee: Chicago
David Stras: Kansas
Don Willett: Duke

Commenter EDH notes,
But Trump isn't promising. He's just saying these are people "he would consider as potential replacements for Justice Scalia."

Interesting how Trump limited this short list to only replacing Scalia.

Trump can address any center-left backlash by saying these are the nominees he's considering to replace Scalia's "conservative seat" on the SCOTUS, giving him some wiggle room if criticism mounts about limiting himself to naming one of these to replace, for example, RBG's "liberal seat."

Commenter Bay Area Guy adds,
Good move by Trump. Without googling, I can opine that Colloton, Pryor, & Sykes are excellent judges (meaning conservative in the same manner than Scalia was).

So, if the remaining judges are of the same ilk, Trump, on the merits, has provided convincing evidence to the #NeverVoteTrump crowd, that he is superior to Hillary on this critical issue.

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