USA TODAY International Edition
Trump legal adviser talks up two of ‘the four’ for high court
WASHINGTON – Two candidates on President Donald Trump’s list of potential Supreme Court nominees – federal appeals court Judges Brett Kavanaugh and Amy Coney Barrett – were singled out for praise Sunday by a top legal adviser to the president.
Trump plans to announce his pick to replace retiring Justice Anthony Kennedy during prime time Monday night. The president also has been considering federal appeals court Judges Raymond Kethledge and Thomas Hardiman.
Leonard Leo, who is on leave from the Federalist Society and has advised Trump on the court nomination, said he assumes Kavanaugh, Barrett, Hardiman and Kethledge “are the four” getting the most focus.
“Certainly, Brett Kavanaugh and Amy Barrett have a lot of name recognition among supporters of the president, and I think that ultimately, when people like them are nominated, you’ll see a lot of folks line up,” he said.
Leo said Hardiman of Pennsylvania and Kethledge of Michigan are “a little bit less known by conservatives. And their records are a little bit lighter.”
Trump said on Sunday he not made up his mind yet but expected to do so by noon Monday, ahead of his announcement at 9 p.m. Eastern Time.
“I’m getting very close to making a final decision. And I believe this person will do a great job,’ the president told reporters before boarding Air Force One to head back to Washington from New Jersey, where he had spent the weekend at his golf club in Bedminster. “Well, it’s still – let’s say it’s the four people. But they’re excellent. Every one. You can’t go wrong.”
The battle for Senate confirmation of Trump’s Supreme Court pick is likely to be one of the most intense.
Conservative and liberal interest groups are poised to spend tens of millions of dollars in advertising and grassroots activity.
Any of the candidates on Trump’s short list would probably move the court to the right.
Though Kennedy is a conservative, he often was a swing vote on big decisions, such as samesex marriage, abortion and affirmative action.
Republicans control the Senate by a 51-49 majority, making any efforts by Democrats to thwart Trump’s nominee an uphill battle.
The liberals’ effort probably will focus on moderate GOP senators, such as Maine’s Susan Collins and Alaska’s Lisa Murkowski, who might be wary of risking decades-old precedents such as Roe v. Wade, which legalized abortion nationwide in 1973. Conservatives will focus on moderate Democrats running for re-election in Trump country, such as Indiana’s Joe Donnelly, North Dakota’s Heidi Heitkamp and West Virginia’s Joe Manchin.
Kavanaugh, 53, on the U.S. Court of Appeals for the District of Columbia Circuit, is a favorite of the conservative legal establishment because of his long record on issues from the separation of powers and executive privilege to abortion, immigration and gun rights.
Barrett of Indiana, 46, serves on the U.S. Court of Appeals for the 7th Circuit. She rocketed to the top of Trump’s earlier list of 25 Supreme Court candidates after her performance during her confirmation hearing last fall, when Democrats cited her deep Catholic faith as a potential problem.
Caren Bohan