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Noah Feldman

Expect the Expected From Trump's Supreme Court Pick

The Republican Senate will want the president-elect to choose from the conservative elite.
Jeffrey Sutton clerked for Antonin Scalia.

Jeffrey Sutton clerked for Antonin Scalia.

Photographer: Carolyn Kaster-Pool/Getty Images

President-elect Donald Trump hasn’t yet chosen the people whose job it would be to propose a U.S. Supreme Court nominee for him to choose. But that hasn’t stopped speculation about who will be picked to replace the late Justice Antonin Scalia. It would be a mistake to make a projection with any confidence at this stage. Nevertheless, it is possible to identify the parameters and constraints that will go into the decision, which yields some scenarios with names attached.

The only thing that can be said with confidence is that Trump’s Supreme Court nominee will be a conservative. Trump made that clear with the two lists of potential candidates he released during his campaign. And he returned to the theme in his "60 Minutes" interview, confirming that he really meant it.