While many Americans grimly wonder which would be worse for the country, President Donald Trump or President Ted Cruz, one issue isn’t providing much help: Both candidates are making it clear that their potential nominations to the U.S. Supreme Court would be terrible.
We reported yesterday on Cruz’s suggestions that he would nominate his best friend in the Senate, Utah’s Mike Lee. Under his extreme views of the Constitution, much of what the federal government does is unconstitutional, including Social Security and Medicare.
What about Trump? Last year, Trump called Clarence Thomas his favorite justice. This year, he declared Justice Antonin Scalia’s death a “massive setback” for the conservative movement and joined right-wing conspiracy theorists in raising suspicions that Scalia had been murdered.
Last month Trump tossed out the names of two right-wing appeals court judges, William Pryor and Diane Sykes, as two potential nominees from a Trump administration. Pryor calls Roe v. Wade and Miranda v. Arizona, two landmark cases protecting the rights of women and criminal defendants, respectively, “the worst examples of judicial activism.” Sykes, like Pryor, has upheld damaging voter ID laws. She also argued that anti-gay groups have a constitutional right to receive government subsidies regardless of whether they engage in discrimination.
Now, Trump is pledging to release a list of seven to 10 potential justices from which he commits to choosing a nominee – and that list is being put together with help from the far-right Heritage Foundation. Heritage is a massively funded right-wing powerhouse that is home to, among others, anti-marriage-equality activist Ryan Anderson, who is urging social conservatives to resist the Supreme Court’s marriage equality ruling.
Heritage and its more explicitly political arm Heritage Action have demanded even greater obstructionism from congressional Republicans. Even before Scalia’s death, the group had urged the GOP to refuse to confirm any executive branch or judicial nominations except for appointments dealing with national security. Heritage senior fellow Hans von Spakovsky has even demanded that Scalia be allowed to “vote” – even though he is dead – on a case that right-wing activists were hoping the court would use to destroy public sector unions.
Trump met in Washington yesterday with congressional Republicans, and at a press conference he pushed back against accusations by Cruz that he couldn’t be counted on to name a conservative to the court. “Some people say maybe I’ll appoint a liberal judge,” he said. “I won’t.” He promised that his nominee would be “pro-life” and “conservative.”
Trump also explicitly warned (or taunted, depending on your view) Republicans opposed to his nomination that if they support a third-party candidate against him, they will allow a Democrat to name Supreme Court justices who “will never allow this country to be the same.”
Among the Republicans huddling with Trump? Heritage Foundation president and former Sen. Jim DeMint.