White House officials and conservative legal circles are preparing for a potential Supreme Court vacancy during President Donald Trump’s second term, with an eye towards nominees in the mold of Justices Samuel Alito and Clarence Thomas.
In anticipation of any potential vacancy on the U.S. Supreme Court, White House officials and a network of conservative lawyers are organizing to ensure President Donald Trump can promptly nominate a justice who aligns with the current conservative majority.
These discussions are at a preliminary stage and are focused on selecting a nominee similar to Justices Samuel Alito, 75, and Clarence Thomas, 77. Both justices are known for their conservative jurisprudence and expansive view on Presidential powers. Trump allies are circulating shortlists to decide who might reliably uphold conservative values during a potentially lengthy tenure on the bench.
“We are looking for people in the mold of Alito, Clarence Thomas, and the late Justice Antonin Scalia,” stated a White House official knowledgeable about the process. However, the official added that preparing for a vacancy at this stage is still “premature.”
The Republican Party maintains control of the Senate, which must confirm the President’s court nominees. This majority enabled Trump to successfully appoint three justices—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—recognized within conservative legal communities during his first term.
Trump’s advisors aim to facilitate a seamless confirmation process, steering clear of the contentious hearings that marked Kavanaugh’s appointment in 2018. Concern is also growing among conservatives over Barrett’s occasional alignment with liberal judges, prompting a desire for a firmly conservative nominee.
“There’s a lot of anger at Amy Coney Barrett from the MAGA movement,” remarked Benjamin Wittes, editor-in-chief of Lawfare and a Brookings Institution senior fellow, suggesting that Trump’s next nominee might diverge from his prior selections. Trump retains the final decision on the nominee, with key roles played by Attorney General Pam Bondi, Chief of Staff Susie Wiles, White House Counsel David Warrington, and Deputy White House Counsel for nominations, Steve Kenny.
Mike Davis, a conservative lawyer and prominent Trump advocate, is poised to play a significant role in the vetting process. “Justice Thomas and Justice Alito are irreplaceable and I hope they do not retire anytime soon,” Davis told TIME. He confirmed that he has submitted a shortlist of “bold and fearless” nominees and plans to “play an outside supporting role” alongside the White House team.
Potential nominees currently being considered include Andrew Oldham, a Texas-based 5th Circuit Judge, and Neomi Rao from the District of Columbia Circuit Court. Oldham, who previously worked as general counsel for Texas Governor Greg Abbott, clerked for Justice Alito, while Rao, who clerked for Justice Thomas, would make history as the first Asian-American Supreme Court Justice and only the seventh woman to hold such a position.
Other names in the conversation include Aileen Cannon, James Ho, Raymond M. Kethledge, and Amul R. Thapar, all respected legal minds within conservative circles. Additionally, John Malcolm, from the Heritage Foundation, advocates for the inclusion of Senator Mike Lee of Utah, highlighting his textualist and originalist credentials despite his non-judicial role.
Throughout his second term, Trump has strengthened the conservative bloc in the Supreme Court, using his influence to affect U.S. public policy and consolidate presidential power. His administration hopes the upcoming judicial appointments will further this agenda. Previously relying on recommendations from groups like The Federalist Society, Trump might seek nominees demonstrating personal loyalty, according to Wittes. Such a direction raises concerns about prioritizing allegiance over established jurisprudence principles.
The groundwork laid now aims to secure a future justice capable of steering judicial outcomes in line with conservative and executive branch ideals, aligning with Trump’s broader political objectives.