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Trump Floats Idea For His Next Supreme Court Appointment As Rumors Swirl About Possible Retirements

Conservative Angle

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Feb 22, 2018
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President Donald Trump said Senator Ted Cruz could be Supreme Court nominee in the near future, praising the Texas Republican during a speech in Corpus Christi on Friday evening.

Trump, who was once a fierce critic of Cruz, called the senator “an amazing guy” who is “so good and so talented.”

“I’m thinking about putting him in the Supreme Court,” Trump said. “I’m thinking because it’s very hard, getting these nominations through is tough.”

The president added that Cruz would receive “100%” of the Democratic and Republican vote, arguing that Cruz’s foes would “want to get him out of [the Senate]. He is such a pain in the ass.”

Trump also floated the idea of a Cruz Supreme Court appointment during a speech last month, calling the senator a “brilliant legal mind.” Cruz, however, shot the proposal down in January.

“My answer’s not just no, it’s hell no,” he said. “It is interesting in the first Trump term, the president talked to me about all three Supreme Court vacancies, and we had very serious conversations and I told him no all three times.”

Cruz added that he wants to be “right in the middle” of political battles, something the Republican said a “principled federal judge” would stay out of.

After completing law school, Cruz clerked for Chief Justice William Rehnquist at the Supreme Court from 1996 to 1997. Trump first discussed the idea of nominating Cruz to the Supreme Court with the senator privately after the death of conservative Justice Antonin Scalia, according to Cruz.

“I wrestled with it because I knew Justice Scalia and revered him,” Cruz added. “And to have the opportunity to succeed him, I mean, talk about taking your breath away.”

While none of the Supreme Court justices have announced plans to retire anytime soon, there has been talk of either Samuel Alito or Clarence Thomas, the two oldest and most conservative justices, retiring within the next couple of years to give Trump a chance to replace either of them with another conservative. Thomas is 77-years-old and Alito is 75.

Alito is set to release a book in early October, which has sparked rumors that the conservative justice could be hanging up his robe before the beginning of the Supreme Court’s next term, which also begins in October. Alito has served on the court for 20 years, while Thomas is the longest-tenured justice, nearing his 35th year on the high court.

When asked about Thomas or Alito potentially retiring in the near future, Trump told POLITICO in December that he wants both of them to stay on the court.

“Both of those men are fantastic,” he said.

After Republicans successfully prevented former President Barack Obama from tapping Merrick Garland as Scalia’s replacement — thanks to the efforts of then-Republican Majority Leader Mitch McConnell — Trump nominated Neil Gorsuch in 2017. Trump went on to nominate two more justices, Brett Kavanaugh and Amy Coney Barrett, during his first term. Conservatives now have a 6-3 majority, but Trump has recently been frustrated with conservative justices, including Gorsuch, Coney Barrett, and Chief Justice John Roberts.

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