Bench Memos

White House

Four Things to Know About the Supreme Court Vacancy

1. This is why the American people elected President Trump.

At this time in 2016, candidate Trump had recently made public his proposed Supreme Court shortlist. The prospect of filling Justice Scalia’s seat with someone from that list of outstanding men and women – rather than a liberal activist appointed by Hillary Clinton – was the deciding factor driving many to the polls to elect Trump President.  And he has made good on that campaign promise in spades, with a raft of top-flight nominees to the appellate courts as well as the crown jewel, Justice Gorsuch. Now, as Gorsuch completes his first full term on the Court, it is clear that he is the judge we all hoped he would be: smart, fair, reasonable, and independent. His commitment to the Constitution and faithfulness to the laws he is tasked with interpreting have already left their mark on the Court.

2. The next Justice, whoever he or she is, will be outstanding.

The sports teams making their draft picks would kill for the bench President Trump has.  The list from which he has pledged to select the next Justice includes the best and brightest of our federal and state judges.  They all have judicial records of listening to the arguments of both sides in the courtroom, delivering well-reasoned decisions, and fairly applying the law with a scrupulous adherence to the Constitution.  Like Justice Gorsuch, each one of them has the wisdom and experience necessary to sit on the Supreme Court from Day One.

3. The nominee will endure unfair attacks already being concocted.

We don’t have to find out who the nominee is to know that he or she will be subject to some of the most aggressive and unfair attacks Democratic operatives can gin up.  They are in autopilot mode, having concocted attacks to apply indiscriminately to any nominee of a Republican president. Remember the #Oppose________ signs liberals were waving at the Supreme Court before the announcement of Gorsuch’s nomination?  The truth doesn’t matter. The next nominee will face the now-standard liberal attack playbook: character assassination, record distortions, and outright lies and deception.  We have seen it all before.

4. The nominee will be confirmed.

The good news is that these attacks, driven by a Leftist elite of billionaires, Hollywood, and liberal special interests, will not succeed. A majority of the American people oppose the extreme liberal agenda these elites want the courts to impose on the country. Senators will have a clear choice: vote for a nominee who will uphold the Constitution, or vote for the extreme liberal agenda.  And that’s an easy choice.

Carrie Severino is chief counsel and policy director to the Judicial Crisis Network.

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