Patterico's Pontifications

9/9/2020

Rebooting 2016 Campaign Strategy: Trump Releases New List of Possible Supreme Court Nominees

Filed under: General — Dana @ 2:59 pm



[guest post by Dana]

This is sure to motivate supporters. And it’s possible that it will win over disillusioned Republicans who are not thrilled with Trump but view having more conservatives sitting on the Supreme Court worth their vote:

President Trump on Wednesday announced a new slate of 20 potential nominees to the Supreme Court in the event of a vacancy in his second term in office — or the remainder of his first term — building on a key issue that mobilized conservative voters to support him in 2016 and that has been a major achievement of his presidency for Republicans. The 20 names he listed Wednesday are additions to an original list that has been updated throughout his presidency.

In remarks at the White House, Mr. Trump called appointing justices to the Supreme Court “the most important decision an American president can make.” Mr. Trump said that if he wins a second term, he could possibly be called upon to name up to four justices.

“For this reason, candidates for president owe the American people a specific list of individuals they consider for the United States Supreme Court,” he said.

Let’s cut to the chase. Here’s the list (*note the three siting senators on the 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

The senators responded to having been included on the list:

Ted Cruz not missing an opportunity to hawk his latest book is funny, and so is this:

Just don’t deride him for not releasing his tax returns:

…Trump derided Biden for not releasing his own list of Supreme Court nominees, claiming he hasn’t done so because his candidates would be “so far left they could never withstand public scrutiny.” The president called on Biden to make public his own slate of Supreme Court candidates.

Reminder: While there are no current vacancies on the Court, Justice Ruth Bader Ginsburg is 87 and Justice Stephen Breyer is 82.

–Dana

56 Responses to “Rebooting 2016 Campaign Strategy: Trump Releases New List of Possible Supreme Court Nominees”

  1. Welp.

    Dana (292df6)

  2. Squirrel…Kim Jong Un didn’t make it? But he sent those letters Trump’s so proud of.

    Colonel Klink (Ret) (305827)

  3. Great list.

    It’s the one thing that really animates Trump voters.

    Josh Hawley has POTUS aspirations, but this adds to his resume for the future.

    Ted Cruz being on the list is interesting as he told Trump in 2016 he didn’t want it. I want to see it happen just to see what the final Senate vote would be as it’s been reported that every Senator can’t wait to kick Cruz out.

    Out of all that, I’m cheering for Judge Lawrence VanDyke. (he’s an avid/pro 2nd Amendment judge).

    But, if RBG retires, I’m betting it’ll be either Amy Barrett or Thupar.

    Tom Cotton is certainly interesting.

    whembly (c30c83)

  4. LOL, Trump says Sen. Cruz—whom he previously taunted as “Lyin’ Ted,” a Canadian citizen and “not a natural born citizen,” and “a very unstable person”—is on his list for SCOTUS.

    The Constitution says the president has to be natural born. No such requirement for a Supreme Court justice.

    Bored Lawyer (7b72ec)

  5. But, if RBG retires, I’m betting it’ll be either Amy Barrett or Thupar.

    At this point I would rather that the Chief Justice retire. Would do more for advancing conservative jurisprudence than replacing RBG.

    Bored Lawyer (7b72ec)

  6. Oh, yeah, if it’s integrity and independence you’re looking for in Supreme Court Justices, Cruz and Cotton are what you want, if Stormy Daniels is not available.

    nk (1d9030)

  7. Trump is gone. He was gone as soon as the Democrats nominated Not Hillary. He is now in the Fuhrerbunker talking about the super-weapons he will unleash on the advancing Russian and American armies.

    nk (1d9030)

  8. 6,

    I was counting on a shrewd observation from you, and you have not disappointed.

    Dana (292df6)

  9. three good choices, however we know from ashcroft and sessions about senatorial courtesy, and their replacements are kind of blanc mange, second look at greitens, a victim of kim gardner,

    bolivar de gris (7404b5)

  10. Conservatives Kissing Trump ass pays:

    Cotton and Cruz.

    ‘Nuff said.

    DCSCA (797bc0)

  11. Only Cotton was candid enough to admit it, in public at that, but what both want most is to keep their jobs, and federal judgeships come with lifetime tenure.

    nk (1d9030)

  12. Justice Ruth Bader Ginsburg is 87 and Justice Stephen Breyer is 82.

    Clarence Thomas is 72.

    And, it’s not just SC judges that matter. The SC only gets the case after numerous appeals, usually caused by nut case judges chosen by Democrats. Biden will appoint tons of them.

    beer ‘n pretzels (863611)

  13. Omission of Patterico is a deal-breaker.

    Dave (1bb933)

  14. The people who care about the composition of the Supreme Court enough to waste their vote over it have already picked their side. This will not move the numbers in any significant way.

    nk (1d9030)

  15. bnp,

    You’re right, Thomas is 72. I didn’t include him though because given Breyer’s and Ginsburg’s years, I figure Thomas has a decade left in him if he wants.

    Dana (292df6)

  16. Naturally, a principled ideological, Canadian-born conservative like Ted Cruz, so warmly caressed by so many on this forum, will soundly reject any Trump nomination to SCOTUS and demand a televised apology to him, his father and his wife for the lies and slurs Trump dumped on them all.

    Because… you know– he has ‘principles.’

    DCSCA (797bc0)

  17. I don’t believe that anyone’s first experience as a judge should be on the Supreme Court. I know that previous experience is not required, but IMO, it is desired.

    Nic (896fdf)

  18. bnp,

    I have made the mistake of thinking solely in terms of the Supreme Court. Thank you for point about lower-level judges.

    Judges remain the strongest, if not one of the strongest, reasons to vote for Trump, because they will be around long after our professional wrestling smack talker.

    norcal (a5428a)

  19. I hope Justice Thomas and Justice Alito stay healthy. I miss Justice Scalia.

    mg (8cbc69)

  20. I miss Justice Scalia.

    There are lots of very bright judges on the federal bench, including on the SCOTUS. But Scalia was in a class of his own. He was an intellectual force that is rare even among the justices. He is up there with Marshall, Story and Holmes.

    Bored Lawyer (7b72ec)

  21. Imagine how cool it would have been if Ted Cruz had knocked Trump out on the debate stage and accepted his prison sentence. Life’s short. Make your choices.

    Dustin (ff4c87)

  22. As I was telling Dustin tonight, over ribs, if Ginsberg were to resign today, Trumps would be history.

    Kevin M (ab1c11)

  23. I think that, if Trump appointed Ted Cruz to the Court, most of us would applaud.

    Kevin M (ab1c11)

  24. if it’s integrity and independence you’re looking for in Supreme Court Justices, Cruz and Cotton are what you want

    Again, you don’t understand what “integrity” means in party politics. I means that you hold to the Party, right or wrong. Just think of the poor GOP Senators who had to stand with Goldwater, then Nixon in the space of a decade. Most did until the Party didn’t.

    But once someone goes onto the Court, they no longer have to worry about party approval. They are in their last job. At that point “integrity” changes meaning, closer to what we know it as. I think the last justice to quit and seek another office was Charles Evans Hughes in 1916, and he ended up BACK on the Court anyway.

    Kevin M (ab1c11)

  25. I miss Justice Scalia.

    And sometimes Scalia stank. Gonzales v Raich for example, where he sided with an expansive use of the interstate commerce clause.

    Kevin M (ab1c11)

  26. As I was telling Dustin tonight, over ribs, if Ginsberg were to resign today, Trumps would be history.

    Kevin M (ab1c11) — 9/9/2020 @ 5:37 pm

    Yeah that was uncanny timing. It would be a complete game changer. This is a savvy strategy of Trump’s. The BBQ was also good but the green chile stuff will stay in New Mexico as far as I’m concerned.

    Dustin (ff4c87)

  27. As I was telling Dustin tonight, over ribs, if Ginsberg were to resign today, Trumps would be history.

    Why? He would appoint a conservative (probably a woman) and McConnell would ram it through the Senate. How does that make him lose?

    Bored Lawyer (7b72ec)

  28. Trump named Hawley, Cotton and Cruz to shore up GOP support in those States.

    DRJ (aede82)

  29. As Kevin’s comment 24 logically implies, Ginsburg will not resign to help Biden be elected.

    But let’s go with it anyway. She does not need to resign today. She only needs to announce her retirement next June:
    — “Mr. Biden, whom will you appoint to replace Justice Ginsburg when she steps down next year?”
    — “Nobody Donald Trump would appoint.”

    nk (1d9030)

  30. @29

    I think you mean Comment 22. In any case, sure, she could announce her retirement as of June, which would only make clear what everyone already knows, that whoever is the next president will fill at least one, and probably a few, seats on SCOTUS.

    And if Biden gives his own list, that will energize conservatives.

    In fact, even without RGB doing anything, a question that the media should ask Biden (if they weren’t a bunch of whores) is, now that Trump has released his list, who would Biden appoint? Can he give a similar list of 20?

    Bored Lawyer (7b72ec)

  31. 23. I think that, if Trump appointed Ted Cruz to the Court, most of us would applaud.

    The unprincipled, the hollow and the expedient, yes.

    And, of course, George Will. 😉

    DCSCA (797bc0)

  32. This s a classic Trump bait and chum list. See ’em bite over Cruz. AS if The Donald would ever do anything for Tedtoo.

    Trump has a long memory.

    DCSCA (797bc0)

  33. I would have gotten a better grade in 1L Constitutional Law, I think, if I had been less frank with my view that the overriding interest of government is the collection of next year’s taxes and that includes the Justices of the Supreme Court, maybe the Justices of the Supreme Court most of all. They are both the anchor and the safety valve. But if I can enjoy being a Phineas & Ferb groupie, I don’t see why I should begrudge Supreme Court groupies their pleasure.

    nk (1d9030)

  34. Why? He would appoint a conservative (probably a woman) and McConnell would ram it through the Senate. How does that make him lose?

    Bored Lawyer (7b72ec) — 9/9/2020 @ 6:07 pm

    I agree on what would happen.

    Because what’s the point after that? We got the milk for free.

    Dustin (333d9f)

  35. I love that Kevin M and Dustin were able to get together for a meal (while fixing the world’s ills, no doubt).

    Dana (292df6)

  36. Because what’s the point after that? We got the milk for free.

    Because that cow can give more milk. Breyer, maybe Thomas, and certainly a whole bunch of lower-court federal judges.

    Bored Lawyer (7b72ec)

  37. According to FiveThirtyEight, as of last week, Trump leads Biden in Missouri and Arkansas, but they are split in Texas.

    Dana (292df6)

  38. Because that cow can give more milk. Breyer, maybe Thomas, and certainly a whole bunch of lower-court federal judges.

    Bored Lawyer (7b72ec) — 9/9/2020 @ 7:24 pm

    Don’t care that much about such maybes.

    Ginsburg, however is imminent.

    Obviously you care, but you’d argue for nominations to be enough to tip the scales if the average age in the supreme court was 40.

    I’m not starting at the conclusion that Trump should be supported. I’m starting at the conclusion that Trump penalty probably should be reduced to a life sentence.

    Dustin (333d9f)

  39. According to FiveThirtyEight, as of last week, Trump leads Biden in Missouri and Arkansas, but they are split in Texas.

    Dana (292df6) — 9/9/2020 @ 7:27 pm

    the more I think about it, maybe this Texas tie thing is an indication Trump is far ahead of Biden, and the polls are just plain off.

    Dustin (333d9f)

  40. I love that Kevin M and Dustin were able to get together for a meal (while fixing the world’s ills, no doubt).

    Dana (292df6) — 9/9/2020 @ 7:23 pm

    It was genuinely nice to meet a mensch like Kevin.

    I missed a chance to meet up with JD a few years back and that’s a huge shame.

    Dustin (333d9f)

  41. Donald trump was nominated for nobel peace prize! In 1939 so was adolph hitler.

    asset (054c13)

  42. the green chile stuff will stay in New Mexico as far as I’m concerned.

    You didn’t see me eating it.

    Kevin M (ab1c11)

  43. Why? He would appoint a conservative (probably a woman) and McConnell would ram it through the Senate. How does that make him lose?

    Because several percent of those who plan on holding their nose while voting for Trump, on the basis of wanting a more conservative court would have less reason to do so. They could stay home and stream Gilligan’s Island instead. “Two Votes Away” makes a less interesting slogan.

    Kevin M (ab1c11)

  44. — “Mr. Biden, whom will you appoint to replace Justice Ginsburg when she steps down next year?”
    — “Nobody Donald Trump would appoint.”

    Also, no one nk would like. Kamala is young.

    Kevin M (ab1c11)

  45. I love that Kevin M and Dustin were able to get together for a meal

    Up until the Trump Interregnum, Dustin and I agreed about most stuff. I take a more utilitarian approach with Trump, Dustin takes a more ethical one. I won’t claim mine is the high road.

    Kevin M (ab1c11)

  46. According to FiveThirtyEight

    He was wrong on Hillary until the VERY last moment.

    Kevin M (ab1c11)

  47. Donald trump was nominated for nobel peace prize

    So? Lots of folks have. It’s not a high bar. Jimmy Carter, Yasser Arafat, Al Gore and Barack Obama WON one.

    Kevin M (ab1c11)

  48. Also, no one nk would like. Kamala is young.

    Akshually, the only Supreme Court decision I can think of that has affected me personally is Navarette v. California which reversed a case of first impression I had won in Illinois and the precedent it had set for almost 30 years. 😉

    nk (1d9030)

  49. “reversed” => overruled

    nk (1d9030)

  50. Gorsuch was ok, but even he spoiled, probably from the bucket of clerks of kavaanugh well hes better than roberts but thats not saying much

    Bolivar di griz (7404b5)

  51. New Mexico green chili peppers are the best.

    mg (8cbc69)

  52. RIP – Diana Rigg

    Watched The Avengers with Pop every week.
    _

    harkin (cd4502)

  53. I had such a crush for her. The Avengers, The Assassination Bureau, Theatre of Blood with Vincent Price, Masterpiece Theater, … big fan.

    nk (1d9030)

  54. On Her Majesty’s Secret Service, how could I forget her in that?

    nk (1d9030)

  55. People talk about federal judges a lot. I’m pretty ignorant about legal matters. What kind of cases come before federal judges for the most part? How do the political orientation of a federal judge affect those cases? Let’s say I’m on trial for tax evasion; do I want a liberal or a conservative judge? Not being snarky; just don’t know.

    Diana Rigg gone…great actress, charm, wit, humor, and sexy.

    Fred (45c8fb)

  56. “ On Her Majesty’s Secret Service, how could I forget her in that?”
    __ _

    She’s excellent in In This House Of Brede.
    _

    harkin (cd4502)


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