Will Trump name his candidate for the Supreme Court, but slow the appointment process so that it will depend on whether he wins the election, or will he appoint her before the election to secure an ever more conservative majority in the Court irrespective of the outcome of the election? One suspects that the Republican Party and especially the Republican majority in the Senate would favour securing the appointment before the election. However, given that Trump is infifferent to everything other than winning in November and has proved willing to take any measure to achieve it, we might assume that he will seek to bolster his support by making the new appointment contingent on his winning the White House for a second term.
Published by Peter G Harris
Peter G Harris is a barrister and was a senior civil servant responsible for advising ministers in the UK on policy and legislation for reforming the civil law and civil justice system. He is now based at Exeter College in the University of Oxford where he teaches and continues to think about the law as an instrument of public policy. View all posts by Peter G Harris