Experts say President-elect Donald Trump may stick to his old judicial philosophy when searching for a Supreme Court nominee should he retire as a high court judge.
President Trump appointed three people to the Supreme Court, all of whom were under the age of 55 at the time of their appointment. Similarly, Trump appointed more than 50 federal appellate judges during his first term.
Politicians and members of the media have called on the court's older justices, particularly Justices Clarence Thomas and Samuel Alito, to resign in anticipation of Trump's inauguration. Similar calls were also made to Justices Sonia Sotomayor and Elena Kagan before the general election. Politico recently reported that Democrats are debating whether he should resign during the remaining two months that Mayor Soto controls the Senate.
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Conservative legal activist Leonard Leo told Fox News Digital: “No one knows when or if they're going to retire, other than Justice Thomas and Justice Alito.'' Talking about it like it's meat is just unwise, ignorant and, frankly, vulgar.” In a statement. “Justices Thomas and Alito dedicated their lives to our country and our Constitution, and they deserve to be treated with more dignity and respect than they receive from some intellectuals.”
President Trump may have an opportunity to further strengthen his conservative majority by appointing younger justices if any of them retire.
“I think we can start counting down the days until Thomas retires,” said Devon Hombres, senior director of courts and legal policy at CAPAction. Asked about Sotomayor and Kagan's status, Hombres said: “They are not leaving now.”
Experts say President-elect Trump may stick to his previous judicial philosophy when searching for a Supreme Court justice in the event a high court justice retires. (AP Photo/Evan Vucci)
“Conservative activists are moving in favor of retiring Justices Alito and Thomas and replacing them with nominees in their 50s as a way for President Trump to maintain a conservative majority for the next 15 to 20 years. We're already starting to see it,” John Yu, the Emanuel Heller Professor of Law at the University of California, Berkeley, told FOX News Digital.
However, Yu pointed out that even if such a retirement were to take place, the current balance of the court would not change.
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“It's not clear to me whether they should retire,” Yu said. “They're in their mid-70s, they both seem to be in good health, and they're both at the top of their game.”
Yu added that if Trump were to resign, he would likely consider appellate judges he appointed during his first term as potential candidates.
President Trump appointed three people to the Supreme Court, all of whom were under the age of 55 at the time of their appointment. (Alex Wong/Getty Images)
“Given Mr. Trump’s practice, I think he would probably prefer to appoint someone he has already appointed to the circuit court,” Yu said. “And he's chosen a lot of young conservatives, so there's a lot to choose from.”
Mr. Hombres specifically pointed to Judges James C. Ho and Stuart Kyle Duncan of the Fifth Circuit as President Trump's Supreme Court nominees. Of the 17 active judges on the court, six were appointed by President Trump.
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Although Yoo did not name specific judges, he predicted that Trump would continue to rely on certain judges.
“Given who Trump has already chosen, he has chosen people who seem committed to originalism, people with Justice Department backgrounds. is.”
Politicians and members of the media have called for older justices on the court, particularly Justices Clarence Thomas and Samuel Alito, to resign. (Getty)
In anticipation of the inauguration of his first administration in 2016, President Trump announced a list of Supreme Court nominees. The list was subsequently expanded ahead of the general election that year, and again in 2017. The list turned out to be a tactic to reassure Republicans concerned about President Trump's ability to appoint conservative judges.
Yu said he did not expect Trump to repeat the same thing this time with an updated list.
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“I think the last time he did that, he was trying to get Republican support. And he was an outsider. No one knew if he was a conservative. So he published that list. I did it,” Yu said. “And it was actually very wise of Trump at the time to release the names and stick with them as his Supreme Court nominees, because it put him deep in the hearts of conservatives. Because it is engraved.”
“And he kept his word. And I don't think he needs to do that now because people can see his track record.”
