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The After The Trial blog presents insights on ongoing and recent trials around the state of Alabama, including weekly criminal law round-ups.

Trump Narrows His List for Supreme Court Replacement

J.D. Lloyd - Friday, January 27, 2017


It appears President Trump is close to naming former Justice Antonin Scalia’s replacement to the U.S. Supreme Court.


After delivering a list of 21 possible candidates during his campaign, sources close to the selection process said that two names are left in the running, Denver-based U.S. Court of Appeals Judge Neil Gorsuch and U.S. District Court Judge Thomas Hardiman of Pennsylvania. Some sources report that Judge William H. Pryor Jr. of the U.S. Court of Appeals for the 11th Circuit may still be under consideration.


Judge Hardiman has maintained a consistently conservative stance on “hot button issues,” most notably in gun cases. Judge Hardiman has shown a robust view of the Second Amendment. Fun Fact: Hardiman has a direct connection to the President as he serves on the same court as Trump’s sister, Maryanne Trump Barry.


Read more about Judge Hardiman here.


The other main candidate left, Neil Gorsuch, was appointed to the United States Court of Appeals for the 10th Circuit by President George W. Bush in 2006. Many feel that this appointment, along with his similarities to Scalia in terms of legal writing, sets him up well to be appointed to the SCOTUS by a Republican president. His defense of religious liberties in Hobby Lobby Stores v. Sebelius and Little Sisters of the Poor Home for the Age v. Burwell as well as his pro-life views regarding assisted suicide help mark him as a “solid conservative.” Cases such as United States v. Games-Perez have given his opportunity to use his extensive knowledge and application of legislative history.


Read more about Judge Gorsuch here.


Judge Pryor’s name has been thrown around for Supreme Court vacancies every since he ascended to the federal bench in 2003. One of his most well-known actions as attorney general for Alabama was removing Alabama Chief Justice Roy Moore after Moore refused to follow a federal court order to remove the Ten Commandments monument from the state’s Supreme Court building. Judge Pryor has spoken out against Roe v. Wade, and drawn much criticism for his position on abortion. He’s consistently ruled in the government’s favor in criminal cases. Although very conservative, Judge Pryor has voted to allow a transgender plaintiff to sue a State of Georgia office for firing her for her gender transition. Judge Pryor has also frequently voted for religious freedom.


Read more about Judge Pryor here.



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