Judge Hardiman is back in the spotlight after Justice Kennedy retires

Supreme Court Justice Anthony Kennedy announced his retirement yesterday morning, and already several sources have reported that Third Circuit Judge Thomas Hardiman is one of the leading candidates to be nominated by President Trump to replace him.

Judge Hardiman is one of 25 judges on Trump’s announced list of potential Supreme Court nominees, and Trump stated yesterday that the nominee for Kennedy’s seat will come from that list.

Numerous sources already have named Hardiman as a frontrunner. For example:

  • Alex Swoyer of the Washington Times reported that Fox News has identified five frontrunners, and one of them is Judge Hardiman. The others: Brett Kavanaugh, Amy Coney Barrett, Amul Thapar, and Raymond Kethledge.
  • Meanwhile, a different Fox News report, this one by Alex Pappas, named Hardiman as one of six “early frontrunners,” along with the other four mentioned above plus Joan Larsen.
  • In Bloomberg Law, Patrick Gregory informally polled Supreme Court watchers and reported that Hardiman was one of four names (along with Kavanaugh, Thapar, and Don Willett) who came up repeatedly. Kenneth Jost noted that Justices Breyer and Kagan both were runners-up for earlier openings before being nominated themselves.
  • And, finally, CNN reporters Ariane de Vogue, Eli Watkins, and Amanda Morris had this report spotlighting six contenders and included Hardiman, who they said “has a personal story that appeals to the President.” The other five they named were Kavanaugh, Barrett, Kethledge, Thapar, and Mike Lee.

Wes Venteicher had this interesting story yesterday for the Pittsburgh Tribute-Review, headlined “Could Supreme Court retirement open door for Fox Chapel’s Hardiman?” The story quoted Judge Fisher:

Trump reportedly summoned Hardiman, 52, and Colorado’s Neil Gorsuch to Washington before announcing his nomination. He ultimately chose Gorsuch to fill a vacancy created by the death of former Justice Antonin Scalia.

“It had to be an honor. I would expect he’ll be there again,” fellow Third Circuit Judge D. Michael Fisher said Wednesday.

Fisher, who said he is close friends with Hardiman, said the two have never had any discussions on social issues.

“I think he’s conservative in the way he approaches cases and looks at what our job is in interpreting statutes and trying to ascertain what Congress means, and how you evaluate a statute, (and) how you evaluate what’s spoken by administrative agencies,” Fisher said.

“I certainly think that he’d be an excellent person to be selected this time, and I don’t know of any reason why he wouldn’t be seriously considered,” he said.

And for Business Insider, Allan Smith had this in-depth report, quoting Carter Phillips and former Judge Robert Cindrich.

We shall see!