President Donald Trump’s top two contenders to replace retiring Supreme Court Justice Anthony Kennedy are Judges Brett Kavanaugh and Amy Coney Barrett, The Daily Caller News Foundation has learned.
Kavanaugh has spent some two decades in Washington’s rarefied legal circles, first in private practice, then in the George W. Bush White House, and finally on the appeals court. As such, he has well-placed allies inside and outside the Trump administration.
Kavanaugh maintains a sterling reputation in official Washington, though sources familiar with Trump’s thinking say he is likely to be turned off by the judge’s former work with Bush and his marriage to Bush’s former secretary. The judge also maintains extensive social ties with former members of the administration.
Since joining the U.S. Court of Appeals for the D.C. Circuit, Kavanaugh has developed a reputation as a text-driven judge and careful tactician. Democratic appointees have a seven to four majority on the Washington-based appeals court, prompting Kavanaugh to take defensive positions in high-profile cases where conservatives might otherwise prefer a more aggressive approach.
For example, a recent D.C. Circuit case asked whether the Trump administration is obligated to facilitate abortions for alien minors in federal custody. Rather than reach the merits of that issue, Kavanaugh and another judge issued a short order proposing a compromise which gave the government 11 days to find a guardian who would procure the procedure for the minor at issue.
Barret, by contrast, is a newcomer to the federal bench who was elevated to the 7th U.S. Circuit Court of Appeals just eight months ago. Before joining the Notre Dame law faculty, she was a law clerk to the late Justice Antonin Scalia and practiced at a Washington-based boutique called Miller Cassidy.
While her judicial experience is limited, sources close to the process have compared her to Justice Elena Kagan. Though they are not ideologically similar, both women spent a significant portion of their career in the legal academy where they generated large bodies of scholarship, and both are considered rigorous thinkers who engaged practical, if highly technical, legal issues.
Barrett’s name has been especially embraced and pushed by outside conservatives. These include Family Research Council president Tony Perkins, Bloomberg columnist Ramesh Ponnuru, and New York Times columnist Ross Douthat. – READ MORE
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