The death of Supreme Court Justice Ruth Bader Ginsburg just over six weeks before Election Day is likely to set off a heated battle over whether President Donald Trump should nominate, and the Republican-led Senate should confirm, her replacement, or if the seat should remain vacant until the outcome of his race against Democrat Joe Biden is known.
Earlier this month, President Donald Trump announced he was adding 20 names to the list of Supreme Court candidates that he's pledged to choose from if he has future vacancies to fill.
Senate Majority Leader Mitch McConnell said Friday night that the Republican-controlled Senate would vote on Trump's nominee.
The latest additions to Trump's list included Republican Sens. Ted Cruz of Texas and Tom Cotton of Arkansas, Christopher Landau, the current ambassador to Mexico, and Gregory Katsas, a Trump nominee to the U.S. Court of Appeals for the District of Columbia Circuit, among others.
Trump’s rival for the presidency, former vice president Biden, has promised to nominate a Black woman to the high court if given the chance. Biden, too, has said he’s working on a list of potential nominees.
With Ginsburg's death, the high court will now be divided 5-3 between conservatives and liberals. Three others members of the court are in their 70s and 80s.
Trump has already remade the federal bench for a generation. And any vacancy in the highest court would give the president the ability to shape its future for decades to come if he is reelected in November.
President Trump's previously released Supreme Court candidates
Amy Coney Barrett is a Judge of the United States Court of Appeals for the Seventh Circuit. Prior to her appointment in 2017, Judge Barrett was the Diane and M.O. Miller, II Research Chair in Law and Professor of Law at Notre Dame Law School. Judge Barrett also served as a law clerk to Justice Antonin Scalia of the Supreme Court of the United States and to Judge Laurence H. Silberman of the United States Court of Appeals for the District of Columbia Circuit. Judge Barrett is a magna cum laude graduate of Rhodes College and a summa cum laude graduate of Notre Dame Law School.
Keith Blackwell of Georgia, Supreme Court of Georgia
Charles Canady of Florida, Supreme Court of Florida
Steven Colloton of Iowa, U.S. Court of Appeals for the Eighth Circuit
Allison Eid of Colorado, U.S. Court of Appeals for the Tenth Circuit
Britt Grant is a Justice of the Supreme Court of Georgia. Prior to her appointment in 2017, Justice Grant served as the Solicitor General of the State of Georgia and as a partner at Kirkland & Ellis LLP. Justice Grant served as law clerk to Judge Brett M. Kavanaugh of the United States Court of Appeals for the District of Columbia Circuit, is a summa cum laude graduate of Wake Forest University, and graduated with distinction from Stanford Law School.
Raymond Gruender of Missouri, U.S. Court of Appeals for the Eighth Circuit
Thomas Hardiman of Pennsylvania, U.S. Court of Appeals for the Third Circuit
Raymond Kethledge of Michigan, U.S. Court of Appeals for the Sixth Circuit
Joan Larsen of Michigan, U.S. Court of Appeals for the Sixth Circuit
Mike Lee of Utah, United States Senator
Thomas Lee of Utah, Supreme Court of Utah
Edward Mansfield of Iowa, Supreme Court of Iowa
Federico Moreno of Florida, U.S. District Court for the Southern District of Florida
Kevin Newsom of Alabama is a Judge of the United States Court of Appeals for the Eleventh Circuit. Prior to his appointment in 2017, he was a partner and chair of the appellate practice group at Bradley Arant Boult Cummings LLP. He previously served as the Solicitor General of the State of Alabama. Judge Newsom also served as a law clerk to Justice David H. Souter of the Supreme Court of the United States and to Judge Diarmuid F. O’Scannlain of the United States Court of Appeals for the Ninth Circuit. Judge Newsom is a summa cum laude graduate of Samford University and a magna cum laude graduate of Harvard Law School.
William Pryor of Alabama, U.S. Court of Appeals for the Eleventh Circuit
Margaret Ryan of Virginia, U.S. Court of Appeals for the Armed Forces
David Stras of Minnesota, U.S. Court of Appeals for the Eighth Circuit
Diane Sykes of Wisconsin, U.S. Court of Appeals for the Seventh Circuit
Amul Thapar of Kentucky, U.S. Court of Appeals for the Sixth Circuit
Timothy Tymkovich of Colorado, U.S. Court of Appeals for the Tenth Circuit
Robert Young of Michigan, Supreme Court of Michigan (Ret.)
Don Willett of Texas, Supreme Court of Texas
Patrick Wyrick is a Justice of the Supreme Court of Oklahoma. Prior to his appointment in 2017, he served for six years as the Solicitor General of the State of Oklahoma. He also served as a law clerk to Judge James H. Payne of the United States District Courts for the Eastern and Northern Districts of Oklahoma. Justice Wyrick graduated from the University of Oklahoma and from the University of Oklahoma School of Law with distinction.
Bridget Bade is a Judge on the United States Court of Appeals for the Ninth Circuit. Prior to her appointment in 2019, Judge Bade was a United States Magistrate Judge for the District of Arizona and an Assistant United States Attorney for the District of Arizona. Judge Bade served as a law clerk to Judge Edith H. Jones of the United States Court of Appeals for the Fifth Circuit. Judge Bade earned her B.A., summa cum laude, from Arizona State University and her J.D., cum laude, from Arizona State University’s Sandra Day O’Connor College of Law.
Daniel Cameron is the 51st Attorney General of the Commonwealth of Kentucky. Before his election in 2019, Attorney General Cameron practiced law with Frost Brown Todd, LLC and served as Legal Counsel to Senate Majority Leader Mitch McConnell. He served as a law clerk to Judge Gregory F. Van Tatenhove of the United States District Court for the Eastern District of Kentucky. Attorney General Cameron received his B.S. from the University of Louisville and his J.D., cum laude, from the University of Louisville Brandeis School of Law.
Tom Cotton is a United States Senator for the State of Arkansas. Prior to his election in 2014, Senator Cotton served as a Member in the United States House of Representatives and in the United States Army, rising to the rank of Captain while serving in both Iraq with the 101st Airborne and in Afghanistan with a Provincial Reconstruction Team. Prior to his military service, Senator Cotton practiced law at Gibson, Dunn & Crutcher, LLP. Senator Cotton served as a law clerk to Judge Jerry Smith of the United States Court of Appeals for the Fifth Circuit. He received his A.B., magna cum laude, from Harvard College and his J.D. from Harvard Law School.
Paul Clement is a partner with Kirkland & Ellis, LLP. He previously served as Solicitor General of the United States and has argued over 100 cases before the Supreme Court of the United States. He served as a law clerk to Justice Antonin Scalia on the Supreme Court of the United States and Judge Laurence Silberman on the United States Court of Appeals for the District of Columbia Circuit. Mr. Clement received his B.S.F.S., summa cum laude, from the Georgetown University School of Foreign Service; his M.Phil. from Cambridge University; and his J.D., magna cum laude, from Harvard Law School.
Ted Cruz is a United States Senator for the State of Texas. Prior to his election in 2012, Senator Cruz was a partner at Morgan, Lewis & Bockius, LLP and served as Solicitor General of Texas. Senator Cruz served as a law clerk to Chief Justice William H. Rehnquist on the Supreme Court of the United States and Judge J. Michael Luttig on the United States Court of Appeals for the Fourth Circuit. Senator Cruz received his A.B., cum laude, from Princeton University and his J.D., magna cum laude, from Harvard Law School.
Stuart Kyle Duncan is a Judge on the United States Court of Appeals for the Fifth Circuit. Before his appointment in 2018, he was a partner at Schaerr Duncan, LLP and General Counsel of the Becket Fund for Religious Liberty. Earlier in his career, Judge Duncan served as Solicitor General of Louisiana. Judge Duncan served as a law clerk to Judge John M. Duhé, Jr., of the United States Court of Appeals for the Fifth Circuit. He received his B.A., summa cum laude, from Louisiana State University; his J.D. from the Paul M. Hebert Law Center at Louisiana State University; and his LL.M. from Columbia University Law School.
Steven Engel is the Assistant Attorney General for the Office of Legal Counsel of the United States Department of Justice. Prior to his appointment in 2017, Mr. Engel was a partner with Dechert, LLP and previously served in the Office of Legal Counsel as Deputy Assistant Attorney General. Mr. Engel served as a law clerk to Justice Anthony Kennedy on the Supreme Court of the United States and to Judge Alex Kozinski on the United States Court of Appeals for the Ninth Circuit. Mr. Engel earned his A.B., summa cum laude, from Harvard College; his M. Phil. from Cambridge University; and his J.D. from Yale Law School.
Noel Francisco is the former Solicitor General of the United States. Prior to his appointment in 2017, Mr. Francisco was a partner at Jones Day and served in the Office of Legal Counsel as Deputy Assistant Attorney General and as Associate Counsel to the President. Mr. Francisco served as a law clerk to Justice Antonin Scalia on the Supreme Court of the United States and Judge J. Michael Luttig on the United States Court of Appeals for the Fourth Circuit. Mr. Francisco received his B.A., with honors, from the University of Chicago and his J.D., with high honors, from the University of Chicago Law School.
Josh Hawley is a United States Senator for the State of Missouri. Prior to his election in 2018, Senator Hawley served as Attorney General of the State of Missouri, was an Associate Professor at the University of Missouri School of Law, and was an attorney with the Becket Fund for Religious Liberty. Senator Hawley served as a law clerk to Chief Justice John Roberts on the Supreme Court of the United States and Judge Michael McConnell on the United States Court of Appeals for the Tenth Circuit. He received his B.A., with honors, from Stanford University and his J.D. from Yale Law School.
James Ho is a Judge on the United States Court of Appeals for the Fifth Circuit. Prior to his appointment in 2018, Judge Ho was a partner at Gibson, Dunn & Crutcher, LLP and served as Solicitor General of Texas. Judge Ho clerked for Justice Clarence Thomas on the Supreme Court of the United States and Judge Jerry Smith of the United States Court of Appeals for the Fifth Circuit. He received his B.A., with honors, from Stanford University and his J.D., with high honors, from the University of Chicago Law School.
Gregory Katsas is a Judge on the United States Court of Appeals for the District of Columbia Circuit. Prior to his appointment in 2017, Judge Katsas served as Deputy Assistant to the President and Deputy Counsel to the President. He was previously a partner at Jones Day and served in senior positions in the United States Department of Justice, including as Assistant Attorney General for the Civil Division and Acting Associate Attorney General. Judge Katsas served as a law clerk to Justice Clarence Thomas, both at the Supreme Court of the United and the United States Court of Appeals for the District of Columbia Circuit, and to Judge Edward Becker of the United States Court of Appeals for the Third Circuit. Judge Katsas earned his A.B.,cum laude, from Princeton University and his J.D., cum laude, from Harvard Law School.
Barbara Lagoa is a Judge on the United States Court of Appeals for the Eleventh Circuit. Before her appointment in 2019, Judge Lagoa was a Justice on the Supreme Court of Florida. She also served as District Judge on the Florida Third District Court of Appeal and as an Assistant United States Attorney for the Southern District of Florida. Judge Lagoa earned her B.A., cum laude, from Florida International University and her J.D. from Columbia Law School.
Christopher Landau is the Ambassador Extraordinary and Plenipotentiary of the United States of America to the United Mexican States. Prior to his appointment in 2019, Ambassador Landau was a partner with Quinn Emanuel Urquhart & Sullivan, LLP and, before that, headed the Appellate Litigation Practice Group at Kirkland & Ellis, LLP. Ambassador Landau served as a law clerk to Justice Clarence Thomas, both on the Supreme Court of the United States and the United States Court of Appeals for the District of Columbia Circuit, and to Justice Antonin Scalia on the Supreme Court of the United States. He received his A.B., summa cum laude, from Harvard College and his J.D., magna cum laude, from Harvard Law School.
Carlos Muñiz is a Justice on the Supreme Court of Florida. Prior to his appointment in 2019, Justice Muñiz served as General Counsel to the United States Department of Education and in various positions in the Florida State government, including as Deputy Attorney General and Chief of Staff to Attorney General Pam Bondi. Justice Muñiz served as a law clerk to Judge Jose Cabranes on the United States Court of Appeals for the Second Circuit and to Judge Thomas Flannery on the United States District Court for the District of Columbia. Justice Muñiz received his B.A., with high honors, from the University of Virginia and his J.D. from Yale Law School.
Martha Pacold is a Judge on the United States District Court for the Northern District of Illinois. Prior to her appointment in 2019, Judge Pacold served as both Deputy General Counsel of the Department of the Treasury. Earlier in her career, Judge Pacold was a partner at Bartlit Beck Herman Palenchar & Scott, LLP and served as Counsel to the Attorney General at the United States Department of Justice. Judge Pacold served as a law clerk to Justice Clarence Thomas on the Supreme Court of the United States, to Judge Jay Bybee of the United States Court of Appeals for the Ninth Circuit, and to Judge A. Raymond Randolph of the United States Court of Appeals for the District of Columbia Circuit. Judge Pacold earned her B.A., with highest distinction, from Indiana University, and her J.D., with honors, from the University of Chicago Law School.
Peter Phipps is a Judge on the United States Court of Appeals for the Third Circuit. Prior to his elevation in 2019, Judge Phipps served as United States District Judge for the Western District of Pennsylvania. Before taking the bench, Judge Phipps served as Senior Trial Counsel in the Federal Programs Branch of the Civil Division at the United States Department of Justice. Judge Phipps served as a law clerk to Judge R. Guy Cole, Jr., of the United States Court of Appeals for the Sixth Circuit. He earned both his B.S. and his B.A., summa cum laude, from the University of Dayton and his J.D. from Stanford Law School.
Sarah Pitlyk is a Judge on the United States District Court for the Eastern District of Missouri. Prior to her appointment in 2019, Judge Pitlyk was Special Counsel at the Thomas More Society and in private practice at Clark & Sauer, LLC. Ms. Pitlyk served as a law clerk to then-Judge Brett Kavanaugh of the United States Court of Appeals for the District of Columbia Circuit. She received her B.A., summa cum laude, from Boston College; her M.A.’s from Georgetown University and the Katholieke Universiteit Leuven in Belgium; and her J.D. from Yale Law School.
Allison Jones Rushing is a Judge on the United States Court of Appeals for the Fourth Circuit. Prior to her appointment in 2019, Judge Rushing was a partner at Williams & Connolly, LLP. Judge Rushing clerked for Justice Clarence Thomas on the Supreme Court of the United States, Judge David Sentelle on the United States Court of Appeals for the District of Columbia Circuit, and then-Judge Neil Gorsuch on the United States Court of Appeals for the Tenth Circuit. Judge Rushing earned her B.A., summa cum laude, from Wake Forest University and her J.D., magna cum laude, from Duke University School of Law.
Kate Todd is Deputy Assistant to the President and Deputy Counsel to the President. Before her appointment in 2019, she served as Senior Vice President and Chief Counsel of the United States Chamber Litigation Center and as a partner at what was previously Wiley Rein & Fielding, LLP. Ms. Todd served as a law clerk to Justice Clarence Thomas of the Supreme Court of the United States and Judge J. Michael Luttig of the U.S. Court of Appeals for the Fourth Circuit. Ms. Todd earned her B.A., with distinction, from Cornell University and her J.D., magna cum laude, from Harvard Law School.
Lawrence VanDyke is a Judge on the United States Court of Appeals for the Ninth Circuit. Prior to his appointment earlier this year, Judge VanDyke served as Deputy Assistant Attorney General for the Environment and Natural Resources Division of the United States Department of Justice. Earlier in his career, Judge VanDyke served as both Solicitor General of Nevada and Solicitor General of Montana. Judge VanDyke served as a law clerk to Judge Janice Rogers Brown of the United States Court of Appeals for the District of Columbia Circuit. He earned his B.S., with highest honors, from Montana State University; his B.Th., summa cum laude, from Bear Valley Bible Institute; and his J.D., magna cum laude, from Harvard Law School.