Trump to name U.S. high court pick on Tuesday as Democrats plan fight

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By Lawrence Hurley | WASHINGTON

WASHINGTON President Donald Trump was set to
unveil his pick for a lifetime job on the U.S. Supreme Court on
Tuesday as Democrats, still fuming over the Republican-led
Senate’s refusal to act on former President Barack Obama’s
nominee last year, girded for a fight.

Trump has announced he would reveal his choice to replace
conservative Justice Antonin Scalia, who died last February, at
the White House at 8 p.m. (0100 GMT on Wednesday).

The court is ideologically split with four conservative
justices and four liberals, and Trump’s pick can restore its
conservative majority.

A source involved in the selection process said Trump has
made his choice between two conservative U.S. appeals court
judges – Neil Gorsuch and Thomas Hardiman. Both were appointed
to the bench by Republican former President George W. Bush.

CNN, citing an unnamed source, said Gorsuch, a judge on the
Denver-based 10th U.S. Circuit Court of Appeals, has been told
he is the likely nominee.

Adding an element of drama to what is normally a sober
announcement, CNN said both Gorsuch and Hardiman, who serves on
the Philadelphia-based 3rd U.S. Circuit Court of Appeals, had
been brought to Washington ahead of Tuesday’s announcement.

A senior Senate Republican aide said Majority Leader Mitch
McConnell has already been informed of Trump’s pick, which the
senator described as an “outstanding choice.”

William Pryor, a judge on the Atlanta-based 11th U.S.
Circuit Court of Appeals, had earlier been mentioned as a
possible nominee.

Under the Constitution, a president’s Supreme Court
nomination requires Senate confirmation.

A Supreme Court justice can have influence for decades after
the president who made the appointment has left office and
Trump’s appointee could be pivotal in cases involving abortion,
gun, religious and transgender rights, the death penalty and
other contentious matters.

White House spokesman Sean Spicer said polls had shown that
the composition of the Supreme Court was important for many
voters at last year’s presidential election.

“I can assure you that this individual will make those
voters and every American very, very proud,” Spicer told
reporters. “This particular choice is one the president takes
very seriously.”


William Pryor, a judge on the Atlanta-based 11th U.S.
Circuit Court of Appeals, had earlier been mentioned as a
possible Trump nominee.

All three men have strong conservative credentials.

Gorsuch, 49, joined an opinion in 2013 saying that owners of
private companies can object on religious grounds to a provision
of the Obamacare health insurance law requiring employers to
provide coverage for birth control for women.

Hardiman, 51, has embraced a broad interpretation of the
constitutional guarantee of the right to bear arms and has
backed the right of schools to restrict student speech.

Pryor, 54, has been an outspoken critic of the court’s 1973
landmark Roe v. Wade ruling legalizing abortion, calling it “the
worst abomination of constitutional law in our history.”

Amid partisan tension since Trump took office, Democrats remain enraged because Republican Leader McConnell refused last
year to allow the Senate to consider Obama’s nomination of Judge
Merrick Garland for the vacant seat. That action has little
precedent in U.S. history.

Gambling that Republicans would win the presidency in the
Nov. 8 election, McConnell argued that Obama’s successor should
get to make the pick. The move paid off with Trump’s victory,
but the court has run shorthanded for nearly a full year.

Some Democrats have said the Republicans effectively stole a
Supreme Court seat from Obama by refusing to confirm Garland.

Democratic Senator Jeff Merkley has vowed to pursue a
procedural hurdle called a filibuster for Trump’s nominee,
meaning 60 votes would be needed in the 100-seat Senate unless
its long-standing rules are changed. Trump’s fellow Republicans
hold a 52-48 majority, meaning some Democratic votes would be
needed to confirm his pick.

“We need to fight this Constitution-shredding gambit with
everything we’ve got,” Merkley said in a statement.

McConnell on Monday warned Democrats that senators should
respect Trump’s election victory and give the nominee “careful
consideration followed by an up-or-down vote,” not a filibuster.

Trump, who took office on Jan. 20, said last week he would
favor Senate Republicans eliminating the filibuster, a change
dubbed the “nuclear option,” for Supreme Court nominees if
Democrats block his pick.

Judicial Crisis Network, a conservative legal advocacy
group, said it would launch the first part of a $10 million
media advertisement campaign on Tuesday night in favor of
whomever Trump chooses. The effort will hold Senate Democrats
who face election in 2018 “accountable for their choice” on the
Supreme Court, the group said.

Since it had only eight members after Scalia’s death, the
court has steered clear of some controversial issues. The most
high-profile case currently under consideration is that of a
female-born transgender high school student named Gavin Grimm,
who identifies as male. He sued in 2015 to win the right to use
the school’s boys’ bathroom in Virginia.

Depending on how quickly Trump’s nominee is confirmed by the
Senate, he may be able to participate in some of the current
term’s cases. If not, the court may have to consider setting new
oral arguments and deciding them at a later date. (Additional reporting by Andrew Chung, Richard Cowan, Susan
Heavey, Ayesha Rascoe and Doina Chiacu)

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