Conservative legal scholars prefer a liberal Supreme Court to a President Trump

Conservative legal luminaries distancing themselves from Donald Trump could potentially undermine one of the few remaining threads tying him to the GOP establishment.

Some Republicans have argued that conservatives skeptical of Donald Trump should vote for him anyway, if only to prevent Hillary Clinton from nominating liberals to the Supreme Court. But the right’s leading legal scholars reject that idea: the risks of a President Trump would outweigh his influence on the high court.

“The only glimmer of hope in the Trump fiasco” is the list of 11 judges the candidate put forward as suitable Supreme Court nominees, said Richard Epstein, a Hoover Institution Fellow and professor at both New York University School of Law and the University of Chicago Law School. But that is based “on the questionable assumption that a man of his mercurial temperament and intellectual ignorance will keep to his word,” he said.

Even if a President Trump did honor that promise, “influence on the courts take time, and foreign affairs and domestic crises come up immediately,” Epstein said. And that’s not a risk the highly respected conservative legal scholar thinks is worth taking. “He is wholly unfit to deal with either of these two areas. In all other matters he is deficient,” Epstein added.

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