Experts predict Trump will tap his own appellate judges for Supreme Court in the event of a retirement

President-elect Trump is expected to adhere to his previous judicial philosophies when considering potential Supreme Court nominees if a justice were to retire from the high court, according to experts. Trump has already appointed three justices to the Supreme Court, all of whom were under the age of 55 at the time of their appointments. Additionally, he appointed more than 50 federal appellate judges during his first term in office.

There have been calls from politicians and media personalities for older justices on the court, such as Clarence Thomas and Samuel Alito, to step down in anticipation of a Trump presidency. Some have even suggested that justices Sonia Sotomayor and Elena Kagan should resign before Trump takes office. However, conservative legal activist Leonard Leo has criticized these calls, emphasizing that justices Thomas and Alito deserve respect for their service and dedication to the country.

While it remains uncertain when or if justices Thomas and Alito will retire, there is speculation that Trump may have the opportunity to further solidify the conservative majority on the court by appointing younger justices if any vacancies arise. Devon Ombres, senior director of courts and legal policy at CAPAction, predicts that Justice Thomas may retire soon, but Justices Sotomayor and Kagan are unlikely to leave their positions at this time.

John Yoo, a law professor at the University of California at Berkeley, believes that conservative activists are advocating for justices Alito and Thomas to retire so that Trump can appoint younger conservative nominees who could serve on the court for decades. However, Yoo also acknowledges that the current balance of the court would not shift even if retirements were to occur.

If a justice were to retire, Yoo suggests that Trump would likely consider appointing appellate judges he selected during his first term. Judges James C. Ho and Stuart Kyle Duncan on the Fifth Circuit have been mentioned as potential nominees. Trump has appointed a significant number of conservative judges to the circuit courts, providing him with a pool of candidates to choose from.

In 2016, Trump released a list of potential Supreme Court nominees to reassure Republicans about his commitment to appointing conservative justices. Yoo does not expect Trump to release an updated list this time, as his track record of appointing conservative judges speaks for itself.

Overall, experts believe that Trump will continue to prioritize originalist judges with Justice Department backgrounds for potential Supreme Court vacancies. As the speculation around potential retirements continues, the appointment of new justices could have a significant impact on the ideological balance of the court for years to come.