Supreme Court Nominee

1.  Trump’s nominee to fill the Justice Kennedy vacancy on the Supreme Court will likely be approved.

As of this writing, it seems doubtful that the Democratic Party can (1) hold its members to vote against a Supreme Court nominee of President Trump and (2) also add a Republican vote or two.  To be successful, Heidi Heitkamp (N.D.), Joe Manchin III (W.Va.), and Joe Donnelly (Ind.) would have to vote with their Party.  Because these senators come from “red” states that voted for Trump in 2016, it is assumed that these senators would not risk losing their next election. 

Trump won N.D. with 63% of the popular vote, W. Va. with 67.9% and Ind. with 56.5%.  Apparently, Heitkamp, Manchin and Donnelly, senators from these states, would not vote against a Trump nominee on moral or policy grounds.

2.  In the Senate Judiciary Committee hearings, Democratic members should ask the nominee:

Settled Law:  what is his or her view of the “settled law” aspect of Roe v. Wade (1973) abortion; Griswold v. Connecticut (1965) contraceptives; Obergefell v. Hodges (2015) right to marry; Brown v. Board of Education (1954) integration; Reno v. Flores (1993) undocumented immigrants and other cases based on the nominee’s history;

Discussions with the president:  did he or she discuss with the president issues or matters related to or involving the Mueller/ special counsel’s investigation and/or reports and the evidence collected and people or entities indicted and/or entering pleas and with respect to the investigation and legal action taken in connection with the special counsel’s work such as by other components of the Justice Department or the offices of U.S. Attorneys; and the president’s claims of executive privilege, pardon powers, compliance with requests or subpoenas for testimony or production of documents;

Recusal:  would he or she recuse himself or herself from hearing cases related to or involving the Mueller/ special counsel’s investigation and/or reports and the evidence collected and people or entities indicted and/or entering pleas and with respect to the investigation and legal action taken in connection with the special counsel’s work such as by other components of the Justice Department or the offices of U.S. Attorneys; and the president’s claims of executive privilege, pardon powers, compliance with requests or subpoenas for testimony or production of documents;

Code of Ethics:  would he or she voluntarily comply with the Code of Ethics that applies to all other federal judges (but not at present, to the Supreme Court); see http://www.uscourts.gov/sites/default/files/1973-04.pdf.