National Law Journal credits Heritage’s John Malcom with helping “populate the short lists to fill the earlier court vacancy left by Justice Antonin Scalia’s death.”
Back in 2016, Heritage released a list of several candidates to replace the late Antonin Scalia. “President Trump was very kind and credited the Heritage Foundation for having some influence on the matter” of Gorsuch’s nomination, said Malcolm, who directs our Meese Center for Legal and Judicial Studies.
One of those Heritage’s original short list was Brett Kavanaugh, now President Trump’s latest nominee to the Supreme Court. Kavanaugh is an originalist who applies the law as written, Malcolm noted, an “independent, fair-minded individual who is not going to prejudge cases.”
Malcolm fully expects Kavanaugh to be an outstanding success on the Supreme Court. He points to the nominee’s record as a Judge on the U.S. Court of Appeals for the District of Columbia Circuit. It is a record of faithful adherence to the Constitution, Malcolm said, especially when it comes to keeping the executive branch’s power in check. He noted, for example, Kavanaugh’s criticism of the “Chevron doctrine,” the practice of deferring to the government’s interpretations of the law rather than to the text of the law.
Through your loyalty to the Heritage Foundation, you are providing President Trump with the strong nominees he needs for the highest court in the country. Thank you!
How do you think having another originalist judge will impact the Supreme Court’s decisions?