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They are all under 55 and are quite conservative to make a first cut. But the four judges who are apparently the finalists for President Donald Trump's second Supreme Court appointment are judged by a series of questions that go beyond age and ideology.
Presidents judge all kinds of considerations Let's start often with the big question: will the choice be confirmed by the Senate? Academic degrees, work experience and sometimes even gender, race and geographical diversity can all be part of the equation.
The stakes are enormous to fill the opening created by the imminent retirement of Judge Anthony Kennedy. The new justice has the potential to root the conservative control of the Supreme Court for years to come.
Here are some of the advantages and disadvantages of each of the main presumed candidates, in alphabetical order:
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If Trump seeks to make history , Barrett might have some appeal. If selected and confirmed, it would be the first time that four women would sit together on the nine-member Supreme Court. In addition, she is the youngest of the main candidates, and Trump said that he wants his candidate to serve for decades. Barrett, a longtime law professor at the University of Notre Dame, has also served as forensic to the late Judge Antonin Scalia, who is beloved by conservatives. And she recently passed the confirmation process, with the Senate approving her appointment as a court of appeal judge in October. Three Democrats voted for her then.
But Barrett's recent rise to the court of appeal means that she does not have the long conservative record that right-wing legislators find reassuring. Barrett is also considered a potential candidate for division because of the statements she made about her Catholic faith and abortion. In her twenties, she co-authored an article according to which Catholic judges, if they are faithful to the teachings of the Church, are "morally forbidden" to apply the death penalty. At her recent confirmation of charges hearing, however, she stated that it was never allowed for judges to "follow their personal convictions when deciding on a case". More recently, she wrote that respect for precedents is not an "absolute rule" in the constitutional cases of the Supreme Court. Although the statement is no doubt accurate, it is likely to be seized by abortion rights advocates who are trying to convince the moderate Republican senators that Barrett could vote to overturn the Roe v. Wade of 1973 declaring the constitutional right to abortion.
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THOMAS HARDIMAN, 52, Judge at the United States Court of Appeals for the Third Circuit
Hardiman was a finalist when Trump named Neil Gorsuch to the High Court in 2017. He could appeal to Trump if the president is looking for someone who has a history of blue-collar workers. Hardiman was the first of his family to attend university, at the University of Notre Dame, and then pay for law school in Georgetown while driving a taxi. Hardiman has some notable opinions in his 11 years on the court of appeal that could appeal to Trump, including the strip searches of detainees, even those arrested on minor charges, supporting the collection of genetic evidence from people at the time of their arrest, and dissent from a decision that upheld the gun regulations in New Jersey.
The Hardiman Judicial Chambers are in Pittsburgh, where his wife comes from a family of prominent Democrats. He was also a colleague of Trump's sister, Judge Maryanne Trump Barry, who stopped hearing cases last year. Some conservative groups do not trust Barry because she wrote an opinion canceling a New Jersey abortion settlement in 2000, and they hope she has no influence on the choice of his brother.
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BRETT KAVANAUGH, 53, Judge at the United States District Court for the District of Columbia
Approximately 300 opinions in 12 years as a judge and a series of Legal articles and speeches make Kavanaugh the most prolific candidate among potential candidates. He is widely regarded as a qualified and conservative judge in what is often called the second most powerful court in America. His opinions include several dissenting opinions that were later confirmed by the majority opinions of the Supreme Court. Kavanaugh, who worked on the investigation that led to the removal of President Bill Clinton, later wrote that he believes presidents should not have to deal with criminal investigations or civil suits during their tenure – an opinion that Trump might find attractive. He attended Yale both as an undergraduate and law student, and served as a law clerk at Kennedy. He is active in his local Catholic church and coaching his girls' basketball teams.
Some social conservatives fear that Kavanaugh is not engaged in issues that matter to them, such as abortion. They cite a recent case involving a pregnant teenage girl in federal custody. Kavanaugh reportedly delayed the abortion of the teenager, in line with the Trump administration's position, but another judge would have gone further and said that, like someone who is illegally United States, the teenager had no right to an abortion. Kavanaugh's close ties with the Bush family, stemming from his five years in the White House under President George W. Bush, may not be an asset to Trump, who fought with the Bush. Kavanaugh was also an employee of Judge Alex Kozinski, who abruptly retired last year as allegations of sexual misconduct multiplied.
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RAYMOND KETHLEDGE, 51, Judge at the 6th Circuit Court of Appeal
Kethledge's 10 years as a federal court of appeal judge give him a long list of conservative opinions that can make sure that Trump Senators and Republicans feel safe about the kind of Justice Supreme Court that it would be. He has written opinions against the unions in a dues collection case, admonishing the IRS in a case of targeting conservative groups and granting broad government access to mobile phone location data, an opinion overturned the month last by the Supreme Court. He is also considered a strong supporter of the Second Amendment
. Like Kavanaugh, Kethledge is a former Kennedy employee and there is no doubt that this experience will allow him to appeal to the moderates. Kethledge also has first-hand experience with Congress. For nearly a year and a half in the 1990s, Kethledge was advisor to Republican Senator Spencer Abraham of Michigan. If Kethledge is the candidate, this work experience for Congress could help in customary courtesy visits to senators before a confirmation hearing.
At the same time, Kethledge left Washington to return to Michigan two decades ago. He probably has fewer friends in the national capital than Kavanaugh, but Trump can highlight the fact that he is a stranger and less known in Washington. In addition, Trump is looking for a candidate with academic credentials. That could be a problem for Kethledge if what Trump really meant was that he wanted an Ivy Leaguer, like the rest of the high court. Kethledge attended the University of Michigan for both undergraduate and law school.
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