The White House will try to pressure two Supreme Court justices to leave the bench and make way for long-term conservative replacements before the midterms, a legal expert predicted.
Justices Clarence Thomas and Samuel Alitoshould expect the Trump and the executive branch to “do everything in its power to entice them off the bench,” Sarah Isgur, a former attorney and Department of Justice spokesperson, said on an episode of the Lincoln Project podcast on Tuesday.
Isgur said that the two justices are probably already being told, “Don’t be Ruth Bader Ginsburg,” referring to the late justice who tried to hold onto the bench until a Democratic president could appoint her replacement. However, Isgur acknowledged that “we now have word from both of them that they do not intend to retire this summer.”
If they do change their minds, “justices tend to retire on July 2,” as the Supreme Court’s annual working session ends on the last day of June. She added that Supreme Court resignations also tend to come “the July before a midterm.”
The White House could try to encourage them to leave by confirming circuit court justices they like, Isgur predicted. Another sign of a pressure campaign would be White House officials bringing up the names of possible replacements.
Alito could be replaced by his former clerk, Andy Oldham, a Trump appointee to the Fifth Circuit Court of Appeals, Isgur said, noting that Supreme Court justices are often replaced by their former clerks.
Thomas reached a milestone on Tuesday by becoming the second-longest serving member of the Supreme Court, which brought him praise from conservatives. Isgur said that could cap off his long run, but she’s not a fan of the way justices are seen off for partisan interests.
“It’s bad for the court. I think it’s bad for the country. I don’t like any of it,” Isgur said. “But it’s a reality.”
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