Possible Scalia Replacements

It's fair to say that any on that list would be more 2nd A friendly than the notion than anyone considered by hillary.
 
Trump's lists (there were two of them, actually) were thrown together without a great deal of thought given to them, primarily to generate approval from nervous conservatives about the sort of SCOTUS nomination(s) a President Trump might make. He is certainly not bound to choose a nominee from the containment of these lists and we will just have to see who he does wind up nominating. If he does choose a 2A-friendly SCOTUS nominee, I think we can look forward to some mighty impressive fireworks during the confirmation hearings.
 
The fireworks would all depend on how that person felt about a lot of other issues dividing this country currently; while guns is one of them, it is not the most crucial one in the minds of many. A pro-2A who is more centrist in other main areas could "sneak-in" under the antigun radar.
 
FITASC: The fireworks would all depend on how that person felt about a lot of other issues dividing this country currently

I expect a mud flinging contest out the gate that will make the Thomas confirmation look cordial. If a second slot comes open we may have tanks in the streets to control the protests.
 
As much as I like Ted Cruz and think he would do well in that role, I really would like to see the inbred Yale/Harvard nature of much of D.C.; but particularly the Supreme Court, broken up. They need someone from outside that clique desperately.

Don Willett is a solid pick with a lot of judicial experience. Also an outsider. Mike Lee would be another great candidate - his Senate seat will stay GOP, he's an outsider with a solid understanding of the Constitution and he'd be easier to get through the nomination process.

I've really got to thank Harry Reid for jumping the gun and declaring he'd eliminate the filibuster and force through Dem SCOTUS nominees once Hillary is elected. That brash pre-election comment is going to bit the whole Dem party in the rear if the GOP decides that sounds like a good idea.
 
There are good and better on that list. My preference would be one that is a currently serving US Court of Appeals Judge. To me, that yields better experience than some other positions held by some of the listers.

Trump is going to have to find someone with a track record of Pro2nd Amendment, Pro Civil Liberties (race and LGBT)...and a Strict Constitutionalist. I think the bombshell issue will be Abortion though. While I have a moral position, when another case skirting around RvW comes to the SCOTUS, I believe it needs to be decided on scientific evidence, not the religious position of the Justices. While our Constitution and Laws certainly enfold moral issues I honestly believe that RvW issues might be the bombshell case.

I like Ted Cruz and I agree with his personal views on Abortion, but I do not think that is enough in this perilous time.
 
Markco said:
While I have a moral position, when another case skirting around RvW comes to the SCOTUS, I believe it needs to be decided on scientific evidence, not the religious position of the Justices.

Just to be clear, none of Scalia, Thomas or Cruz have proposed resolving the constitutional issue on the basis of their religious positions. Repeal of RvW would only mean that there isn't a prohibition on state regulation buried in the text of the COTUS until it was discovered much later. That's not a religious position.

I would caution against seeing the Sup Ct as a scientific tribunal, even where you might see it favoring your position (as you may well on the RvW issue). Courts aren't well suited to resolution of technically or morally complex public policy matters. See Oliver Wendell Holmes' thoughts on eugenics in 1927 - "Three generations of imbeciles are enough" - http://caselaw.findlaw.com/us-supreme-court/274/200.html
 
zukiphile, I totally agree with your first paragraph.

On the 2nd paragraph, I am likely biased. As an expert witness, my charge is to assist the trier of fact (judge or jury) understand the complex scientific and technical issues. I do it often, and I do it well. i concede that there is also jury bias and showmanship, but in the 80+ trials I have testified in, my clients have lost 3 of them. 2 were wrongful death suits where the other side called me to testify after I had told my client that they should settle the case and not go to trial. In any event, my professional experience tells me that in over 80 cases that have gone to court, my ability to explain the scientific and technical complexities has helped the trier of fact to decide correctly. I have also been retained by Judges to help them filter through complex issues.
 
Markco said:
On the 2nd paragraph, I am likely biased. As an expert witness, my charge is to assist the trier of fact (judge or jury) understand the complex scientific and technical issues. I do it often, and I do it well. i concede that there is also jury bias and showmanship, but in the 80+ trials I have testified in, my clients have lost 3 of them. 2 were wrongful death suits where the other side called me to testify after I had told my client that they should settle the case and not go to trial. In any event, my professional experience tells me that in over 80 cases that have gone to court, my ability to explain the scientific and technical complexities has helped the trier of fact to decide correctly. I have also been retained by Judges to help them filter through complex issues.

Emphasis added.

I don't think you are biased for observing that, but the Sup Ct isn't a trier of fact. That's why you never hear testimony when CSPAN plays Sup Ct proceedings.

One of the nice things about appellate work is that the advocate doesn't need to worry about witnesses and having evidence admitted because the record has already been made in the trial court.
 
If Trump nominates Cruz for the Sup Ct, and names Hillary Clinton to an ambassadorial position, he will have neutralized his greatest political appointments.
 
Back
Top