The sad death of Justice Antonin Scalia reminds us that one of the most important reasons for voting for a President is Supreme Court nominations. Republican presidents in the last two decades have made substantial progress in restoring republican government by appointing judges who are substantially more faithful to implementing the constitutional design than their predecessors. Nominating Donald Trump would put all this progress at risk. Trump does not have the intellectual resources, the temperament, or the inclination to advance constitutionality fidelity.
First, he has demonstrated sheer ignorance of the our judicial and indeed constitutional system. In the debate on Thursday in defending himself from charges that he had wrongly held up his sister as a model judge, he argued that she had signed the same “bill” as Samuel Alito when they were on the appellate court together. Trump does not seem to know the difference between legislation and a judicial opinion. And he was actually wrong about the judicial decision of which he spoke. Then-Judge Alito dissociated himself from key parts of Maryanne Trump Barry’s opinion on abortion rights.
Second, Trump has commitments that make it very unlikely that he would appoint an originalist judge.