Some conservatives and libertarians who otherwise have little love for Donald Trump believe that he is preferable to Hillary Clinton because he might appoint good judges, whereas the Democrats almost certainly will not. That tendency may have increased after Trump announced a solid list of potential Supreme Court appointments last month. Leading legal scholar John McGinnis (with whom I have coauthored several articles), for example, argues that Trump is now a better bet on the Supreme Court than Hillary Clinton, even though there are strong reasons to oppose him on other issues. Although Trump may not care much about the Supreme Court or constitutional issues, McGinnis and others argue he might stick to the list in order to get the support of Republicans for other initiatives (such as his plan to massively increase tariffs, for example). On this theory, the case for Trump is that he might appoint much better judges than Hillary Clinton, even if it is by no means certain.
Republican presidential candidate Donald Trump promoted his list of potential Supreme Court nominees at a New Jersey fundraiser. (Video: Reuters)
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