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Trump Summons Top 2 Supreme Court Candidates for Prime-Time Unveiling | |
(about 4 hours later) | |
WASHINGTON — President Trump summoned his top two candidates for the Supreme Court to Washington on Tuesday as he worked to build suspense around a prime-time announcement of his choice to fill a crucial vacancy, a selection certain to touch off a bruising ideological clash that could shape his presidency and have sweeping consequences for American law. | |
Judge Neil M. Gorsuch, a federal appeals court from the Denver-based 10th Circuit, and Judge Thomas M. Hardiman of the Third Circuit, sitting in Pittsburgh, were both traveling to the capital ahead of an evening ceremony at the White House to unveil Mr. Trump’s choice, according to a person familiar with the plans. The White House press secretary, Sean Spicer, said Mr. Trump, who declared on Monday that he had settled on a nominee, was “excited” for the announcement, a dramatic reveal for a lifetime appointment to the nation’s highest court by a president who prizes showmanship above tradition. | |
The planned announcement was also an attention-grabbing way for the president — consumed in recent days with questions about his hard-line order cracking down on immigration and refugees — to frame what conservatives and liberals see as a consequential battle for the future of the nation’s highest court. | |
At least some Democrats, embittered by Republicans’ refusal to even consider former President Barack Obama’s choice to fill a vacancy created by the death last February of Justice Antonin Scalia, have signaled they are likely to oppose whomever Mr. Trump selects. | |
Judges Gorsuch and Hardiman both have strong conservative records. The person familiar with Tuesday’s plans, who spoke on condition of anonymity without authorization to reveal them, said both men wanted to be in Washington for the announcement. They were expected to arrive after 5 p.m. | |
The planned presence of both was first reported by CNN. | |
A third appeals court judge, William H. Pryor Jr. of the Atlanta-based 11th Circuit, has also been reported to be in the running; there was no word on whether he, too, would be on hand at the White House. | |
But even before Mr. Trump named his choice to succeed Justice Scalia, the outspoken intellectual leader of the court’s conservative wing, Democrats and liberal groups were preparing for a fight over the seat. Justice Scalia’s status has made the choice of his successor particularly symbolic among conservatives, and it helped fuel the refusal of Republicans for nearly a year to consider Mr. Obama’s choice of Merrick B. Garland. | |
Mr. Trump’s desire is to nudge the court the opposite way. | Mr. Trump’s desire is to nudge the court the opposite way. |
Several officials said the White House was expected to use the appointment in part to send a message to Justice Anthony M. Kennedy, 80, who holds a swing vote in many Supreme Court cases and has been considering retirement. Nominating Judge Gorsuch, a former clerk to Justice Kennedy who is viewed as a conservative but mainstream choice, might reassure him that he could step down and open a new vacancy on the court. | |
Choosing a more ideologically extreme candidate, the officials said, could tempt Justice Kennedy to hang on to his seat for several more years, depriving Mr. Trump of another seat to fill. | Choosing a more ideologically extreme candidate, the officials said, could tempt Justice Kennedy to hang on to his seat for several more years, depriving Mr. Trump of another seat to fill. |
Yet Democrats seem unlikely to be satisfied with anyone the president chooses. Senator Chuck Schumer of New York, the Democratic leader, has said he is ready to block any candidate he sees as outside the mainstream, a stance that could set off a Senate showdown in which Mr. Trump is already urging Republicans to change longstanding rules and push through his nominee on a simple majority vote. | |
Liberal groups were planning a nighttime rally in front of the court, anticipating an “extreme” nominee. | |
“Activists will make clear that the Senate cannot confirm a nominee who will simply be a rubber stamp for President Trump’s anti-constitutional efforts that betray American values,” said a statement from the organizations, which included People for the American Way, Naral Pro-Choice America and the Leadership Conference on Civil and Human Rights. | |
Conservative groups, too, were planning a major push to defend Mr. Trump’s nominee. Within minutes of the president’s announcement, organizers said, the Judicial Crisis Network was to begin the first phase of a $10 million television advertising campaign on the nominee’s behalf, along with a website promoting Mr. Trump’s pick. More than 50 groups were backing the effort, including gun rights and anti-abortion activists and the Tea Party. |