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| | The '''Trump Supreme Court''' depends on a good analysis of candidates in order to avoid making a mistake. [[Donald Trump]] wants to appoint judges like [[Antonin Scalia]], and has said so publicly. But some of the judges given to Trump by the [[Heritage Foundation]] and [[Federalist Society]] fall far short of that standard, and could even be future [[liberal]]s if appointed to the [[U.S. Supreme Court]]. | | The '''Trump Supreme Court''' depends on a good analysis of candidates in order to avoid making a mistake. [[Donald Trump]] wants to appoint judges like [[Antonin Scalia]], and has said so publicly. But some of the judges given to Trump by the [[Heritage Foundation]] and [[Federalist Society]] fall far short of that standard, and could even be future [[liberal]]s if appointed to the [[U.S. Supreme Court]]. |
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| − | The analysis begins:
| + | == Abortion == |
| | + | Which of the candidates ruled for the [[pro-abortion]] side, and against Justice Scalia's views? |
| | | | |
| | + | == Religion == |
| | + | Issues under the [[Establishment Clause]] or [[Free Exercise Clause]] are highly correlated with a judge's views on [[abortion]]. For example, almost never does a judge rule against a [[Christian]] display or expression, but then rule in favor of a [[pro-life]] position. |
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| | + | These candidates have ruled against the [[Christian]] side in issues of religion: |
| | + | |
| | + | <list and explanation> |
| | + | |
| | + | === Pro-Religion decisions === |
| | + | |
| | + | *''Busch v. Marple Newtown Sch. Dist.'', 567 F.3d 89 (3d Cir. 2009) (Hardiman, J., dissenting) |
| | + | |
| | + | == Second Amendment == |
| | + | Support for the [[Second Amendment]] is greater than support for [[pro-life]], but the issues are highly correlated as both concern the inherent right of [[self-defense]]. These candidates have ruled against the [[Second Amendment]] in some way: |
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| | + | === Pro-Second Amendment === |
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| | + | Judge Hardiman has written two pro-Second Amendment dissents on the [[Third Circuit]] |
| | + | *''Drake v. Filko'', 724 F.3d 426 (3d Cir. 2013) (Hardiman, J., dissenting) |
| | + | *''Binderup v. AG of United States'', 836 F.3d 336 (3d Cir. 2016) (has interpreted ''[[D.C. v. Heller]]'' to hold that any law barring persons with Second Amendment rights from possessing lawful firearms in the home even for self-defense is ''per se'' unconstitutional, such that no scrutiny is applicable) |
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| | + | == The full list of candidates == |
| | *Keith Blackwell - Georgia supreme court | | *Keith Blackwell - Georgia supreme court |
| | *Charles Canady - Florida supreme court | | *Charles Canady - Florida supreme court |
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| | *Neil Gorsuch - US Court of Appeals for the Tenth Circuit | | *Neil Gorsuch - US Court of Appeals for the Tenth Circuit |
| | *Raymond Gruender - US Court of Appeals for the Eighth Circuit | | *Raymond Gruender - US Court of Appeals for the Eighth Circuit |
| − | *Thomas Hardiman - US Court of Appeals for the Third Circuit | + | *Thomas Hardiman - US Court of Appeals for the Third Circuit |
| | *Raymond Kethledge - US Court of Appeals for the Sixth Circuit | | *Raymond Kethledge - US Court of Appeals for the Sixth Circuit |
| | *Joan Larsen - Michigan Supreme Court | | *Joan Larsen - Michigan Supreme Court |