The Trump administration is quietly laying the groundwork for filling potentially two vacancies on the Supreme Court.
Time reports that behind-the-scenes discussions are already underway about replacing Supreme Court Justices Clarence Thomas or Samuel Alito, the two oldest members of the court, should either of those conservative stalwarts decide to step down.
Utah Sen. Mike Lee finds himself once again in the mix of potential nominees—a familiar position from Trump’s first term. While not currently considered among the frontrunners, Lee’s ties to the conservative Heritage Foundation could give him a boost when the moment arrives.
The Heritage Foundation, a conservative Washington-based think tank that’s best known for spearheading Project 2025, is also expected to work to influence Trump’s decision. John Malcolm, vice president of Heritage’s Institute for Constitutional Government, can list off the top of his head more than 10 current circuit court judges he thinks would make strong justices on the nation’s highest court. Malcolm also believes Senator of Utah, a former assistant U.S. attorney who clerked for Alito, would be an “excellent choice.” While Lee isn’t a sitting judge, he “isn’t afraid to speak his mind,” says Malcolm, who adds that Lee has a track record of legislation and books that show he’s a textualist and originalist.
Lee has flirted with a possible nomination to the high court from Trump for nearly a decade.
- During his first campaign in 2016, Lee and his brother Thomas were on a list of 21 potential nominees to replace Associate Justice Antonin Scalia after his death earlier that year. Trump eventually nominated Neil Gorsuch.
- When Associate Justice Anthony Kennedy retired in 2018, Lee was a top contender to replace him. President Trump was reportedly worried Lee would have difficulties getting confirmed by the Senate due to his public opposition to Roe v. Wade. He eventually nominated Brett Kavanaugh to replace him.
- During Trump’s 2020 re-election bid, Axios reported that Lee was one of Trump’s top three on a list of picks to fill a potential vacancy on the court if he had won another term. Just over a week after Trump released the updated list of nominees, Justice Ruth Bader Ginsberg died. She was eventually replaced by Amy Coney Barrett.
Trump is not the only politician to float Lee’s name as a possible Supreme Court pick. Former Republican presidential candidate Vivek Ramaswamy included the Utah senator on a list of candidates he would nominate during the 2024 race.
