Who Should Be Trump's Next Supreme Court Nominee?

Yesterday I offered some speculation about future vacancies on the Supreme Court, and the way Trump’s nominations to fill those vacancies could impact the ideological balance of the Court. Today, I wanted to briefly discuss the specific kind of person Trump should name to the Court.

The obvious example for Trump to follow in choosing a future nominee is now-Justice Neil Gorsuch. The Gorsuch nomination was universally well-received by the Right on its announcement, and Gorsuch satisfied all three of the criteria vital to a successful Trump Supreme Court pick—ideology, age, and placement on the Trump campaign’s list of possible nominees. A potential second pick should fit those three criteria just as well.

The most important qualification will obviously be that of judicial philosophy, and the vetting process should actively seek out every available piece of evidence to determine how each potential nominee feels about past major cases, as well as issues such as federalism, separation of powers, and an expansive versus originalist view of the Constitution. This attention to detail is particularly important in light of the recent history of Republican judicial nominees, and their varying degrees of adherence to the original meaning and text of the Constitution. For every Clarence Thomas, Samuel Alito, and Neil Gorsuch nominated to the Court, there has been an Anthony Kennedy, David Souter, or John Roberts.

The age factor is perhaps the most underappreciated of the many that go into determining who the next Supreme Court justice might be, but it is also one of the most important, and Trump should nominate someone who is in their 50's or even 40's, and could be expected to serve on the Court for many years to come. Again, Gorsuch should be the model here—at 49, he is by far the youngest Justice currently on the Court, and absent any unforeseen circumstances should still be capable of deciding cases twenty or even thirty years from now.

Finally, Trump should choose a nominee from the list of possible Supreme Court appointments he released during the campaign. That list provided a guarantee that the nominee would be a reliable conservative, and was a key campaign promise. Though it was understood at the time to primarily apply to the vacancy created by the death of Antonin Scalia, Trump also said that he would use the list to choose future nominees as well, should further vacancies arise during his time in office.  The list is replete with individuals who would make fantastic Supreme Court justices, and it would be a mistake for Trump to begin the process of selecting a second nominee by looking anywhere else.