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Trump Summons Top 2 Supreme Court Candidates for Prime-Time Unveiling Trump Nominates Neil Gorsuch to the Supreme Court
(about 3 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. WASHINGTON — President Trump on Tuesday nominated Judge Neil M. Gorsuch, a federal appeals court judge in Denver, to fill the Supreme Court seat left open by the death last year of Justice Antonin Scalia, elevating a jurist whose conservative bent and originalist philosophy fit the mold of the man he would succeed.
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. Mr. Trump’s announcement, delivered during prime time in the East Room of the White House, marked his first bid to reshape the nation’s highest court, as he had promised so often on the campaign trail.
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. “Judge Gorsuch has outstanding legal skills, a brilliant mind, tremendous discipline and has earned bipartisan support,” Mr. Trump said, standing beside the judge and his wife, Louise, in the East Room. “It is an extraordinary resume — as good as it gets.”
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. If confirmed, Judge Gorsuch would restore the 5-to-4 split between liberals and conservatives on the court, handing Justice Anthony M. Kennedy, 80, who votes with both blocs, the swing vote.
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. At 49, Judge Gorsuch is the youngest nominee to the Supreme Court in 25 years, underscoring his potential to shape major decisions for decades to come. In choosing him, Mr. Trump reached for a reliably conservative figure in the Scalia tradition but not someone known to be divisive.
The planned presence of both was first reported by CNN. Mr. Trump, who recognized Justice Scalia’s wife, Maureen, in the audience as he announced his choice, praised the “late, great” jurist, saying his “image and genius was in my mind throughout the decision-making process.”
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. Judge Gorsuch said he was humbled by his “most solemn assignment” and said he would be “a faithful servant of the Constitution and laws of this great country.” he said.
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. The president, facing what is likely to be a bitter partisan battle over Judge Gorsuch’s confirmation, expressed hope that he could avoid such a dispute.
Mr. Trump’s desire is to nudge the court the opposite way. “I only hope that both Democrats and Republicans can come together for once, for the good of the country,” Mr. Trump said.
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. Still, Democrats in the Senate, stung by the Republican refusal to confirm President Barack Obama’s nominee for the seat, Judge Merrick B. Garland, have promised stiff resistance.
The White House had stoked suspense over Mr. Trump’s court choice in the hours before announcing it. A senior Trump administration official said both Judge Gorsuch and Judge Thomas M. Hardiman of the United States Court of Appeals for the Third Circuit were summoned to Washington for the nomination ceremony. But only Judge Gorsuch appeared at the ceremony shortly after 8 p.m.
In an allusion to the work he and his team had done to build that suspense, Mr. Trump interrupted his own announcement to marvel at his showmanship. “So what that a surprise?” the president said after announcing Judge Gorsuch’s name. “Was it?”
There had been speculation that Mr. Trump would choose someone with a less elite background for the court. The other finalist for the post, Judge Hardiman, was the first person in his family to graduate from college, and helped pay for his education by driving a taxi.
A Colorado native who was in the same class at Harvard Law School as Mr. Obama, Judge Gorsuch is known for his well-written, measured opinions that are normally, though not exclusively, conservative. He holds a Ph.D. from Oxford University, where he was a Marshall Scholar, and a pedigree as a law clerk at the Supreme Court to Justices Byron R. White and Kennedy. President George W. Bush nominated Judge Gorsuch to the federal bench in 2006.
Judge Gorsuch’s personal connections to Justice Kennedy are no accident. By choosing a familiar figure, several officials said, the White House is sending a reassuring signal to Justice Kennedy, 80, who has been mulling retirement.
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. Still, Judge Gorsuch’s conservative credentials are not in doubt. He has voted in favor of employers, including Hobby Lobby, who invoked religious objections for refusing to provide some forms of contraception coverage to their female workers. And he has criticized liberals for turning to the courts rather than the legislature to achieve their policy goals.
Liberal groups were planning a nighttime rally in front of the court, anticipating an “extreme” nominee. There had been speculation that Mr. Trump would choose someone with a less elite background for the court. The other finalist for the post, Judge Thomas M. Hardiman, was the first person in his family to graduate from college, and helped pay for his education by driving a taxi.
“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. Judge Gorsuch, on the other hand, is the son of Anne Gorsuch Burford, who became the first female head of the Environmental Protection Agency under President Ronald Reagan. He attended Georgetown Preparatory School, outside Washington, before going to Columbia University.
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. Democrats, who declined invitations from Mr. Trump to attend the White House announcement ceremony, seemed unlikely to be satisfied with Mr. Trump’s choice. 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 touch off a Senate showdown.
Judge Gorsuch will need to draw the support of eight Democrats to join the 52 Republicans in the Senate to surmount a filibuster and move forward with an up-or-down confirmation vote.
But Mr. Trump is already urging Republicans to change longstanding rules and push through his nominee on a simple majority vote.
Progressive groups were already planning a rally in front of the court on Tuesday night, 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 anticonstitutional efforts that betray American values,” according to a statement from the organizations, which include People for the American Way, the Leadership Conference on Civil and Human Rights and Naral Pro-Choice America.
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 in 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 rights activists and the Tea Party.