Who should Trump pick to replace Kennedy?

In USA Today, seven legal scholars give their views on who Trump should appoint to the Supreme Court. Interestingly, three of the seven chose the same guy, Don Willett. I was particularly interested in reading who Glenn Reynolds picked, and he picked Willett.

Who would I pick from Trump’s list? (And note how unprecedentedly transparent and helpful it is to have a president with such a list.) My personal first choice would be former Texas Supreme Court Justice and 5th Circuit Judge Don Willett. Writing in Patel v. Texas Department of Licensing and Regulation, Willett quoted Frederick Douglass’ joy on receiving the first money he earned as a free man and observed, “Douglass’ irrepressible joy at exercising his hard-won freedom captures just how fundamental — and transformative — economic liberty is. Self-ownership, the right to put your mind and body to productive enterprise, is not a mere luxury to be enjoyed at the sufferance of governmental grace, but is indispensable to human dignity and prosperity.” There are, sadly, few other judges who understand this.

And Willett knows about such things. As I’ve argued in my recent book, “The Judiciary’s Class War,” the current Supreme Court is a monoculture of Ivy League “thoroughbreds” with elite backgrounds. There’s nothing wrong with that, but a little variety would be nice. Willett offers some.

After his father died when Willett was 6, his mother supported the family by waiting tables at a truck stop. He attended Baylor University and Duke — first-rate schools, but a change from the Harvard/Yale monoculture that currently fills the court. And like many previous justices but no current ones, he has actually run for office. A first-rate mind with a background that reflects Trump’s America, Willett seems like a great choice to me.

Ilya Somin also prefers Willett because

will stand up against Trump’s administration!

Willett was highly critical of Trump during the 2016 campaign, even comparing his border wall to the Death Star. That suggests Willett will not hesitate to rule against the administration, when necessary.

George S. Khoury is the third to prefer Willett. Reason? Willett has a massive Twitter presence!

Eugene Kontorovich prefers Senator Mike Lee of Utah.

He has an unquestionable commitment to interpreting the Constitution as it was understood when it was ratified, not as it has evolved in the minds of Supreme Court justices and law professors. But he is also humble and gracious, important traits when one has to work with the same eight people for decades.

Eric Citron believes Trump

should nominate a conservative who is an economic populist, and not just a conservative.

…Perhaps short-lister Thomas Hardiman, who worked as a taxi driver through college, has greater exposure to and sympathy for the working-class perspective.

William Vogeler recommends

Trump should nominate Judge Amy Coney Barrett because she will add a conservative voice for women on the national’s highest court.

Adam Feldman thinks

Judge Kavanaugh is the most likely nominee for several reasons. He has a strong track record of ruling on behalf of conservative agenda items and especially on behalf of big businesses’ interests. He also has an extensive record as a judge on a federal court of appeals, which is in contrast to several of the other judges on the short list, including Judges Amul Thapar and Barrett. This is important because the president does not want to be blindsided by a pick thought to be conservative but who later turns out to align with the liberal justices.

Read more here.