Albuquerque Journal

Trump trims list for Supreme Court

Three male federal court judges front-runners for high court position

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WASHINGTON — President Donald Trump has narrowed his choice to fill the Supreme Court vacancy to three judges and said he expects to make his decision in the coming days.

A person familiar with the selection process said the three judges, all white men who sit on federal appeals courts, were on the list of 21 potential high court picks Trump announced during the presidenti­al campaign.

The leading contenders — who all have met with Trump — are William Pryor, Neil Gorsuch and Thomas Hardiman, the person said.

Pryor, 54, is an Alabamabas­ed judge on the 11th U.S. Circuit Court of Appeals. Gorsuch, 49, is on the Denver-based 10th U.S. Circuit Court of Appeals. Hardiman, 51, is based in Pittsburgh for the 3rd U.S. Circuit Court of Appeals. All three were nominated by President George W. Bush for their current posts.

Trump has promised to seek someone in the mold of conservati­ve icon Antonin Scalia, who died nearly a year ago after serving on the Supreme Court for more than 29 years. Senate Republican­s prevented President Barack Obama from filling the seat, a political gamble that paid off when Trump was elected.

Trump met Tuesday with Senate Majority Leader Mitch McConnell, Senate Democratic Leader Chuck Schumer, Sen. Chuck Grassley and Sen. Dianne Feinstein to discuss the court vacancy. Grassley, R-Iowa, said in a statement that the meeting was productive and “a step in the right direction.” Schumer, D-N.Y., said he told Trump “that Senate Democrats would fight any nominee that was outside of the mainstream.”

Trump said he plans to announce his choice next week.

McConnell led the Senate in refusing to even to consider Obama’s nomination of Judge Merrick Garland to take Scalia’s seat, announcing on the night that Scalia died that the vacancy should be filled not by Obama, but by the next president.

Daniel Goldberg, legal director of the liberal Alliance for Justice, said his group almost certainly would oppose anyone from Trump’s list. “President Trump has made clear what kind of justice he intends to nominate. He said he intends to nominate a reactionar­y who doesn’t share the constituti­onal values of the American people and who will undermine fundamenta­l constituti­onal protection­s,” Goldberg said.

Conservati­ves said the contenders all share Scalia’s commitment to the text and meaning of the Constituti­on. “These are not stealth candidates. Their records are there for everyone to see and to understand. Their judicial philosophy is well within the mainstream of American legal thought,” said Leonard Leo, a conservati­ve lawyer who has been advising Trump on filling the vacancy.

Of the three leading candidates, only Pryor faced significan­t opposition when nominated to the appeals court. Senate Democrats refused to allow a vote on his nomination, leading Bush initially to give Pryor a temporary recess appointmen­t. In 2005, the Senate confirmed him 53-45, after senators reached an agreement to curtail delaying tactics for appellate judgeships.

Gorsuch was approved by a voice vote in 2006. Schumer and Feinstein were among the 95 senators who voted for Hardiman’s confirmati­on in 2007. Hardiman is a colleague of Trump’s sister, Judge Maryanne Trump Barry.

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