Youth a key factor in Trump’s search
President Donald Trump has already said he plans to pick a young Supreme Court justice who could serve for decades. But other factors will also be in play as the candidates are vetted: their ideological bent, their ability to win confirmation and even whether, according to a key adviser, they are “not weak.” Here’s a look at some of the factors in play:
Youth
One thing is certain as President Donald Trump surveys prospective Supreme Court nominees: Age matters. The president wants conservatives on the federal judiciary not just in the coming years, but in the coming decades. Trump’s first pick for the Supreme Court, Neil Gorsuch, is the youngest of the justices at age 50. Gorsuch was the youngest nominee since Clarence Thomas, who was 43 when confirmed in 1991.
Age tends to be important to presidents because they want their nominees to serve for the longest possible length of time. Trump’s affinity for younger judges is also evident in his other nominations to the federal bench. The average age of the circuit court nominations he made in his first year was 49, and for district judges, the average age was 51.
Federalist society backing
As a candidate, Trump sought to win over social conservatives by emphasising the role of the Federalist Society in judicial nominations.
So, what is the Federalist Society? The organisation describes itself as conservatives and libertarians who believe the separation of government powers is central to the Constitution that the duty of the judiciary is to say what the law is, not what it should be.
The group got its start on college campuses when Ronald Reagan was in the White House. It was conceived as a way to counter what its members saw as liberal domination of the nation’s law-school faculties. Among Trump’s counsellors is Leonard Leo, who is taking a leave of absence as executive vice-president of the Federalist Society to serve as an outside adviser in the selection process.
Finding another Gorsuch
Trump’s allies have made clear he wants another justice in the Gorsuch mold. “The way he puts it, is someone who is quote, ‘not weak,’” Leo said. A key part of the vetting process will likely be reviewing the judge’s history of written opinions, said a person with knowledge of Trump’s thinking, who noted that the range of Gorsuch’s past opinions impressed Trump.
During the candidate vetting the last time, the White House asked all the contenders whom they would pick instead of themselves — and they all said Gorsuch, said the person, who was not authorised to disclose private conversations.
With Gorsuch, his body of work and his writing were important, but Trump was also impressed by his educational record and his class ranking.