“Thomas Hardiman is back at work”

Impossibly, Judge Hardiman was the subject of feverish speculation right up until President Trump’s announcement of someone else as his nominee for the Supreme Court, again. Last year, it was Justice Gorsuch; this week it was D.C. Circuit Judge Brett Kavanaugh. While I’m glad Judge Hardiman is being treated as such a strong candidate, I sure don’t envy him these public ordeals.*

Today, Geoff Mulvihill of the Associated Press has this excellent story, headlined, “Twice a Supreme Court runner-up, Thomas Hardiman is back at work.” It includes quotes from Chief Judge Smith and Judge McKee, as well as from friends who have spoken to Judge Hardiman. Here are some highlights:

Former Sen. Rick Santorum, a Pennsylvania Republican, said Tuesday that Judge Hardiman was taking the letdown “very well.”

“He said to me, ‘When you grow up on the other side of the tracks, you’re used to taking a few bumps,‘” Mr. Santorum said.


Mr. Santorum, who has known Judge Hardiman for decades, said the two-time finalist was wondering if there was a reason he keeps missing out. Mr. Santorum blamed an “inside-the-Beltway mentality” that “you’ve got to pick someone from Yale” — as Mr. Trump did.

Mr. Santorum said he was more disappointed than Judge Hardiman, saying he “really thought Trump was going to do something different.”


[Ken] Gormley said Judge Hardiman texted him that he knows Judge Kavanaugh and that “he’s a great person and a great judge, and he thinks he’ll make a great justice. He was happy for him.”


Judge Smith said that in recent weeks, Judge Hardiman had been making sure his judicial duties were up to date, lest he leave his colleagues in the lurch if he left the appeals court abruptly.

“I certainly don’t expect that Judge Hardiman will change in any way,” Judge Smith said. “He’s a solid guy.”


“At least he made it to the playoffs,” said Theodore McKee, another 3rd Circuit judge.

Well worth reading in full.


* I had a tiny ordeal of my own on Monday. The New York Times editorial page contacted me on Monday morning to ask if I’d write an op-ed about Judge Hardiman to run that night if he was the choice. Flattering!

I, a fool, figured it wouldn’t be too hard—I’m pretty up-to-speed on the Judge’s record, and I write stuff the same day for this blog all the time, right? Wrong. It was agony. I was still frantically revising at 8:59 p.m. when word of the choice finally leaked out.

I’m a bit embarrassed when I think how hard that day was for me, yet how much harder it must have been for Judge Hardiman and his many supporters.