supreme-court

Sizing Up Trump’s Excellent Short List

People have been asking me about the final few people President Trump seems to be considering for Supreme Court nomination. I know them and especially their work to varying degrees and am confident that they’re each worthy of elevation. Here’s a summary of their judicial profile.

Neil Gorsuch is probably the most like Scalia. He has a well thought out conception of constitutional interpretation and the way that structure protects liberty. He’s most known for his opinions supporting religious liberty and pushing back on the administrative state. In a Trumpian world, his biggest weakness is that he went to Harvard Law. He was confirmed unanimously to the Tenth Circuit and should not face significant opposition.

Thomas Hardiman is a judge’s judge. He decides the issues before him generally in a way that should be pleasing to conservative legal elites and does not go beyond the four corners of the case. He brings no ideological agenda to his tasks and so may be less like Scalia in that respect—and also he’s probably more deferential to law enforcement that Scalia was. He also was confirmed unanimously and should face no significant opposition except that some activists will glom on to his strong defense of the right to keep and bear arms.

William Pryor is a courageous and forthright judge. He would generate the most controversy because of his extra-judicial writings and speeches, most notably in stern opposition to Roe v. Wade. He has been attacked from both the left and the right (unjustly in my view) and his previous confirmation was itself not without controversy. He is best known for his writings on religious liberty and the proper judicial role.

It would be impolitic of me to name my preference, but let’s just say that the American people would be served well by any of them (or the others who’ve been mentioned).


Mr. Shapiro is a senior fellow in constitutional studies at the Cato Institute. This article originally appeared at www.cato.org/blog/sizing-trumps-excellent-short-list.