Trump’s Supreme Court Priority An early nomination is important to deal with Obama’s regulations.
http://www.wsj.com/articles/trumps-supreme-court-priority-1479682227
Donald Trump spent a busy weekend meeting potential cabinet picks, including such admirable school reformers as Michelle Rhee and Betsy DeVos and longtime economic opportunity crusader Bob Woodson. We hope amid all the other decisions that someone is also moving fast to name a replacement for Antonin Scalia’s seat on the Supreme Court.
Apart from the national-security and Treasury jobs, the next Justice may be the most important to move on quickly. While Mr. Trump won’t be inaugurated until Jan. 20, the new Congress convenes in the first week of January. With the continuity from the current to the new Senate, the GOP-led Judiciary Committee could begin vetting Mr. Trump’s nominee as soon as it gets the name. A vote could take place soon after the President-elect is sworn in and can formally submit the nomination.
While the Supreme Court can function with eight Justices, there’s good reason Mr. Trump should want a ninth Justice soon. Numerous cases challenging the Obama Administration’s dubious rule-makings are moving through the federal courts, which President Obama has moved sharply left over eight years.
The circuit courts of appeal might be inclined to rubber stamp those regulations, which means they would become law in those circuits unless the Supreme Court takes the cases. A 4-4 High Court ruling means the lower-court decision stands. Knowing a new Supreme Court is ready for review could give some lower-court judges pause before they issue rulings likely to be overturned.
An early nomination could also get ahead of the game if Mr. Trump’s choice runs into confirmation trouble. The political left will throw everything it has to defeat the next nominee, and the GOP’s Senate majority will only be 51 or 52 (the race in Louisiana will be decided next month in a runoff). Mr. Trump released a list of 21 potential nominees during the campaign (we’d add appellate judges Jeff Sutton and Brett Kavanaugh to the list), and the White House ought to have them vetted and ready to take off like planes at O’Hare.
Comments are closed.
