President-elect Trump is expected to continue his previous judicial philosophies when selecting a potential Supreme Court nominee if a justice retires from the high court. Trump appointed three justices to the Supreme Court who were all under the age of 55 at the time of their appointments and also appointed more than 50 federal appellate judges during his first term. There have been calls for older justices on the court to step down in anticipation of a Trump presidency, particularly targeting justices Clarence Thomas and Samuel Alito. However, a conservative legal activist emphasized the need to treat these justices with dignity and respect.
It is anticipated that Trump may have the opportunity to strengthen the conservative majority on the court by appointing younger justices if any justices retire. Speculation surrounds the potential retirement of justices Thomas, Sotomayor, and Kagan, with commentators suggesting that conservative activists are pushing for justices Alito and Thomas to retire so Trump can replace them with younger nominees to preserve conservative majorities on the court. Despite this, experts note that the ideological balance of the court would remain the same even if such retirements were to occur.
While it is uncertain whether justices Thomas and Alito should retire, as they are in good health and at the top of their game, Trump could potentially look to the appellate judges he appointed during his first term as potential nominees if there were a vacancy on the Supreme Court. Specific judges such as James C. Ho and Stuart Kyle Duncan have been mentioned as potential nominees. Trump has been known to favor originalist judges with Justice Department backgrounds in his appointments.
In preparation for his first administration in 2016, Trump released a list of potential Supreme Court nominees, which was later expanded. This move was aimed at reassuring Republicans concerned about Trump’s commitment to appointing conservative justices. However, legal experts do not expect Trump to repeat this tactic with an updated list for his next Supreme Court nominee, as he has already established a track record of appointing conservative judges during his first term. Trump has been praised for sticking to his word and delivering on his promise to appoint conservative justices to the court.
Overall, the discussion surrounding potential Supreme Court justices under a Trump presidency highlights the importance of maintaining a balanced and respectful approach towards ageing justices contemplating retirement. The focus on preserving conservative majorities on the court and Trump’s track record of appointing young, conservative judges to both the Supreme Court and federal appellate courts will continue to shape future judicial nominations under the Trump administration. It remains to be seen how Trump’s approach to selecting a potential Supreme Court nominee may differ from his previous strategies as he prepares to fill any potential vacancies that may arise.
