Trump May Have Opportunity to Appoint Own Appellate Judges
As speculation surrounds future appointments to the Supreme Court, President-elect Donald Trump may have the opportunity to appoint his own appellate judges should a sitting justice retire in the coming term. Trump, who appointed three Supreme Court justices during his first term—each under the age of 55—also confirmed over 50 federal appellate judges, establishing a significant conservative influence on the judiciary.
Key political and media figures are suggesting that older justices, notably Clarence Thomas and Samuel Alito, consider retiring during Trump’s forthcoming presidency. This sentiment is echoed in discussions among Democrats, who are reportedly pondering whether Justice Sonia Sotomayor should step down before the Republicans assume control of the Senate, which would allow President Biden to nominate a successor while he remains in a position of influence.
Leonard Leo, a conservative activist with a long history of involvement in judicial nominations, spoke against the notion of justices being viewed as ‘meat’ close to expiration, emphasizing the importance of respecting their service and contributions to the judiciary. Furthermore, Devon Ombres, a senior director at CAPAction, expressed that speculation surrounding Thomas’s retirement continues, though both Sotomayor and fellow liberal Justice Elena Kagan are unlikely to leave their posts in the current context.
Amid these discussions, legal expert John Yoo noted that conservative circles advocate for Alito and Thomas to retire, believing that fresh, younger nominees could carry forth a solid commitment to originalism. However, he argued that such a change would not alter the court’s ideological balance, which remains a central concern among conservative activists. Yoo also suggested that Trump would likely lean toward appointing judges he had previously nominated, which would maintain continuity among his judicial choices.
Potential candidates for these Supreme Court vacancies include Fifth Circuit judges James C. Ho and Stuart Kyle Duncan, both of whom were appointed by Trump during his first term. These judges are seen as embodying the principles that Trump seeks to promote—strict adherence to the Constitution and a robust understanding of judicial responsibilities.
Historically, the transitions of Supreme Court justices have been critical moments for shaping the direction of the court. Trump’s previous practice of releasing lists of potential nominees during his election campaigns served to reassure conservative voters regarding his commitment to appointing justices who reflect their values. Given the current climate, Yoo suggests that Trump is now widely perceived as firmly committed to conservative judicial policies, lessening the necessity for an updated list of nominees.
This potential shift in the Supreme Court’s composition showcases the ongoing strategic maneuvering in the political landscape, particularly as the prospect of a Republican-controlled Senate looms. The opportunity for strategic nominations by Trump hinges on the decisions made by justices moving forward and the evolving dynamics of power in Congress.
Ensuring the integrity and philosophical alignment of future judicial appointments will continue to be a focal point for conservatives, who aim to maintain and solidify their influence at the highest levels of the judiciary. As the political environment shifts, the upcoming term may see changes that resonate significantly through the legal system for years to come, reflecting the ideological battles played out in the broader political sphere.
Sources:
https://www.cbsnews.com/news/sotomayor-supreme-court-trump/
https://www.theatlantic.com/politics/archive/2024/03/sonia-sotomayor-should-retire/677764/
https://ballsandstrikes.org/scotus/sotomayor-retirement-discourse-election-2024-too-late/