Donald Trump had extraordinary influence on the Supreme Court during his first four years in office, appointing three conservative justices. If there’s an opening in his second term, there are multiple judges he would consider nominating, according to reports.
The first is Judge James Ho. He was nominated to the federal bench by Trump in 2017. He sits on the 5th U.S. Circuit Court of Appeals, which covers Texas, Louisiana and Mississippi. Throughout his career he’s worked for the Department of Justice, Congress, in private practice and as the Texas state solicitor general. He was born in Taipei, Taiwan.
Another choice is Judge Stuart Kyle Duncan who was nominated in 2018 and also sits on the 5th Circuit. Judge Duncan has worked in private practice, higher education, in government and as general counsel for The Becket Fund for Religious Liberty.
A third possibility is Judge Amul Thapar who sits on the 6th Circuit which covers Michigan, Ohio, Kentucky and Tennessee. He was nominated by President George W. Bush in 2007. He too has worked in higher education, government and private practice.
There’s been speculation that Justices Clarence Thomas or Samuel Alito may retire during Trump’s second term, so they can be replaced by someone younger. They’re both in their mid-70s. All three of the judges named as possible nominees are 55 or younger.
There is recent precedent for that kind of retirement.
Justice Anthony Kennedy retired during Trump’s first term, making room for Justice Brett Kavanaugh. Kennedy was considered a swing vote on the court and Kavanaugh is a conservative.
In 2013, Democrats pressured Ruth Bader Ginsburg to retire, she was 80 at the time. President Obama even had her over to the White House for lunch, during which he reminded her that Democrats could lose control of the Senate in 2014. It wasn’t an overt call to retire, but a reminder that it would be difficult to replace her.
Ginsburg’s seat was filled by Amy Coney Barret, flipping the ideology from liberal to conservative.
In 2024, liberal pundits called on Justice Sonia Sotomayor to retire. She was 69 and those calling for her to step down wanted someone younger confirmed while Democrats had control of the Senate and White House. However, Democrats on the Senate Judiciary Committee did not agree.
