President Trump has announced that next Monday, July 9th, he will nominate someone to fill the Supreme Court vacancy left by Justice Kennedy’s retirement last week. According to David Lat, who is arguably the best source on judicial nominations in the Trump Administration, President Trump has interviewed four candidates so far.
Here at the Notice and Comment blog we have collected thoughtful blog posts on those four candidates, plus a fifth (Judge Hardiman) who interviewed for the Scalia vacancy and is likely a finalist again, regarding their views on administrative law. For ease of reference for readers, I’ve collected the links to those various posts here:
- Judge Amy Coney Barrett (Seventh Circuit), 46, of Indiana: Judge Amy Coney Barrett on Statutory Interpretation: Textualism, Precedent, Judicial Restraint, and the Future of Chevron, by Evan Bernick [Bernick is a visiting lecturer at the Georgetown University Law Center and has no personal connection to the Judge Barrett.]
- Judge Thomas Hardiman (Third Circuit), 52, of Massachusetts: Judge Thomas Hardiman: Administrative Lawyer, by Jeffrey Pojanowski [Pojanowski is a law professor at Notre Dame Law School and a frequent contributor here. As he noted on the blog last year, Judge Hardiman delivered the keynote address at the Notre Dame Law Review Administrative Lawmaking in the 21st Century Symposium, which Pojanowski helped organize and a number of cobloggers (myself included) attended.]
- Judge Brett Kavanaugh (D.C. Circuit), 53, of Maryland: D.C. Circuit Review – Reviewed: A Special Judge Kavanaugh Edition, Aaron Nielson and Jenn Mascott [Nielson and Mascott are law professors and regular bloggers here. Mascott was also one of Judge Kavanaugh’s first clerks on the D.C. Circuit, something she reflects more about here.]
- Judge Raymond Kethledge (Sixth Circuit), 51, of Michigan: Judge Raymond Kethledge and the Separation of Powers, by Charles J. Cooper and G. Ryan Snyder & Judge Raymond Kethledge on Chevron and the Abdication of Article III Power, by Charles J. Cooper and G. Ryan Snyder [Cooper is a founding partner and chairman of Cooper & Kirk, PLLC, and Snyder practices law in Columbus, Ohio, and is a former law clerk to Judge Kethledge.]
- Judge Joan Larsen (Sixth Circuit), 49, of Michigan: Judge Joan Larsen on Separation of Powers and Administrative Law, by Joseph Mead [Mead is a law professor at Cleveland-Marshall and took constitutional law from then-Professor Larsen at the University of Michigan.]
- Judge Amul Thapar (Sixth Circuit), 49, of Kentucky: Textualism in the Trenches: Judge Amul Thapar and the Administrative State, by Ben Beaton [Beaton is a litigation partner at Squire Patton Boggs and coauthored a Michigan Law Review book review with Judge Thapar.]
Also in our archives from November 2016, David Feder, who is currently clerking for Justice Gorsuch, had this post on then-Judge Gorsuch’s administrative law jurisprudence.