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Trump swings between elites and loyalists
Two types of appointee
Trump always wanted to be one of the shiny elites and was always rejected from those clubs, which pulled him toward the other extreme of loyalty and sycophancy. His first term leaned toward elites, including the three justices he put on the Supreme Court. His second term leans toward loyalists.
The flaw in each
Each type comes with a flaw. The shiny elites aren't loyal, and the loyal sycophants aren't competent. He has been firing a lot of his cabinet for the second reason.
The next seat
A Supreme Court seat forces the choice again. His first-term picks ruled against him on tariffs, his signature policy initiative. A normie list of circuit judges now sits beside a more Trumpy list, with Solicitor General John Sauer at the top of the Trumpy one, ahead of Emil Bove, and Todd Blanche high on it as well. Sauer carries credentials along with loyalty: a Harvard Law degree, a Supreme Court clerkship, and a stint as a state solicitor general.
How does a president choose Supreme Court nominees?
The Constitution gives the president the power to nominate and the Senate the power to give advice and consent. Presidents typically work from a shortlist, and most recent nominees have been sitting judges on the federal courts of appeals. Since 2017, Supreme Court nominees can be confirmed by a simple Senate majority because the filibuster was ended for them. Justices serve for life, so a single appointment can shape the court for decades.
Why do justices sometimes rule against their appointers?
Article III gives federal judges tenure during good behavior, so no president can remove a justice over a ruling. In 1974 the court decided United States v. Nixon unanimously against the president who had appointed three of its members, Warren Burger, Harry Blackmun, and Lewis Powell. Justice William Rehnquist, another Nixon appointee, did not take part in the case. Burger wrote the opinion.
How does being Solicitor General lead to the bench?
The Solicitor General argues before the justices several times a term, so the office is known to the court in a way few other lawyers are. Thurgood Marshall served as Solicitor General from 1965 to 1967 and joined the Supreme Court in 1967. Elena Kagan was Solicitor General before her 2010 appointment. William Howard Taft held the post in the 1890s and became chief justice in 1921.
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