2020 presidential candidates on the Supreme Court vacancy

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Presidential election
Republican Party Donald Trump

Democratic Party Joe Biden
Green Party Howie Hawkins
Libertarian Party Jo Jorgensen

This page includes statements from the 2020 presidential candidates on the Supreme Court vacancy created by the death of Supreme Court Justice Ruth Bader Ginsburg on September 18, 2020. These statements were compiled from each candidate's official campaign website, editorials, speeches, and interviews.

The candidates featured on this page are the 2020 presidential nominees from the Democratic, Republican, Libertarian, and Green parties.

Republican Party Donald Trump
Democratic Party Joe Biden
Green Party Howie Hawkins
Libertarian Party Jo Jorgensen

Supreme Court vacancy

Joe Biden

See also: Joe Biden presidential campaign, 2020

Statements

  • September 20, 2020: Biden said during a speech in Philadelphia, "This appointment isn't about the past. It's about the future, and the people of this nation. And the people of this nation are choosing their future right now, as they vote. To jam this nomination through the Senate is just an exercise in raw political power. And I don't believe the people of this nation will stand for it. President Trump has already made it clear. This is about power. Pure and simple. Power."[1]
  • September 19, 2020: Biden said in a statement, "Justice Ruth Bader Ginsburg stood for all of us — she fought for all of us. We’re a better nation for it. Our country made enormous progress with her legal opinions, and her dissent has left an impact on generations of Americans to come. It was her wish that she not be replaced until a new President is installed. The voters should pick a President, and that President should select a successor."[2]

Potential nominees

As of March 2025, Biden had not released a list of potential Supreme Court nominees.

Howie Hawkins

See also: Howie Hawkins presidential campaign, 2020

Statements

As of March 2025, Hawkins had not made a statement about the Supreme Court vacancy.

Potential nominees

As of March 2025, Hawkins had not released a list of potential Supreme Court nominees.

Jo Jorgensen

See also: Jo Jorgensen presidential campaign, 2020

Statements

  • September 23, 2020: Jorgensen released a list of 18 potential Supreme Court nominees. She said, "We need justices who, unlike the majority of those appointed to our highest court over the past 100 years, will strictly uphold our Constitution. We must restore the limits that our Founders imposed on federal authority and rigorously defend both individual liberty and property rights."[3]
  • September 19, 2020: Jorgensen tweeted about the Supreme Court vacancy, "I'm not going to comment on that until Justice Ginsburg's family has had a chance to mourn and lay her to rest."[4]

Potential nominees

On September 23, 2020, Jorgensen released the following list of potential nominees to the U.S. Supreme Court:[3]

  • Richard Epstein, New York University
  • Andrew Napolitano, former New Jersey Superior Court judge
  • Randy Barnett, Georgetown University Law Center
  • Clint Bolick, Arizona Supreme Court
  • Eugene Volokh, UCLA
  • Janice Rogers Brown, former District Court for the D.C. Circuit judge
  • Dana Berliner, Institute for Justice
  • Anastasia Boden, Pacific Legal Foundation
  • Timothy Sandefur, Goldwater Institute
  • Scott Bullock, Institute for Justice
  • James Ostrowski, attorney
  • Alan Gura, attorney
  • Jonathan Turley, George Washington University Law School
  • Damien Schiff, Pacific Law Foundation
  • Clark Neily, Cato Institute
  • Nadine Strossen, New York Law School
  • Jacob Hornberger, Future of Freedom Foundation
  • Don Willett, Fifth Circuit Court of Appeals

Donald Trump

See also: Donald Trump presidential campaign, 2020

Statements

  • September 26, 2020: Trump announced Amy Coney Barrett as his nominee to the Supreme Court. He said in a statement, “She is a woman of unparalleled achievement, towering intellect, sterling credentials and unyielding loyalty to the Constitution."[5]
  • September 21, 2020: In an interview on Fox & Friends, Trump said he would announce his nominee on September 25 or September 26. He said, "I think the vote, the final vote, should be taken, frankly, before the election. We have plenty of time for that."[6][7]
  • September 19, 2020:
    • Trump said of his potential Supreme Court nominee, "It will be a woman, a very talented, very brilliant woman. I haven't chosen yet, but we have numerous women on the list."[8]
    • Trump tweeted, "We were put in this position of power and importance to make decisions for the people who so proudly elected us, the most important of which has long been considered to be the selection of United States Supreme Court Justices. We have this obligation, without delay!"[9]

Potential nominees

The following 46 potential nominees were designated by President Trump on lists released in 2016, 2017, and 2020.

2020 Potential Supreme Court nominees
Name Current Position Year Nominated Nominated By Undergraduate institution Law school
Bridget Bade United States Court of Appeals for the Ninth Circuit 2018 Donald Trump (R) Arizona State University Sandra Day O'Connor College of Law at Arizona State University
Amy Coney Barrett United States Court of Appeals for the Seventh Circuit 2017 Donald Trump (R) Rhodes College Notre Dame Law School
Keith Blackwell Georgia Supreme Court 2012 Gov. Nathan Deal (R) University of Georgia University of Georgia School of Law
Daniel Cameron (R) Attorney General of Kentucky - - University of Louisville University of Louisville Brandeis School of Law
Charles Canady Florida Supreme Court 2008 Gov. Charlie Crist (R) Haverford College Yale Law School
Steven Colloton United States Court of Appeals for the Eighth Circuit 2003 George W. Bush (R) Princeton University Yale Law School
Paul Clement Partner with Kirkland & Ellis, LLP - - Georgetown University School of Foreign Service Harvard Law School
Tom Cotton (R) United States Senator from Arkansas - - Harvard College Harvard Law School
Ted Cruz (R) United States Senator from Texas - - Princeton University Harvard Law School
Stuart Kyle Duncan United States Court of Appeals for the Fifth Circuit 2017 Donald Trump (R) Louisiana State University LSU Paul M. Hebert Law Center, Columbia University Law School
Allison Eid United States Court of Appeals for the Tenth Circuit 2017 Donald Trump (R) Stanford University University of Chicago Law School
Steven Engel Assistant Attorney General for the Office of Legal Counsel of the U.S. Department of Justice - - Harvard College Yale Law School
Noel Francisco Former United States Solicitor General - - University of Chicago University of Chicago Law School
Britt Grant Georgia Supreme Court 2016 Gov. Nathan Deal (R) Wake Forest University Stanford Law School
Neil Gorsuch United States Court of Appeals for the Tenth Circuit 2006 George W. Bush (R) Columbia University Harvard Law School
Raymond Gruender United States Court of Appeals for the Eighth Circuit 2004 George W. Bush (R) Washington University of St. Louis Washington University of St. Louis
Thomas Hardiman United States Court of Appeals for the Third Circuit 2007 George W. Bush (R) University of Notre Dame Georgetown University Law Center
Josh Hawley (R) United States Senator from Missouri - - Stanford University Yale Law School
James Ho United States Court of Appeals for the Fifth Circuit 2017 Donald Trump (R) Stanford University University of Chicago Law School
Greg Katsas United States Court of Appeals for the District of Columbia Circuit 2017 Donald Trump (R) Princeton University Harvard Law School
Brett Kavanaugh United States Court of Appeals for the D.C. Circuit 2006 George W. Bush (R) Yale College Yale Law School
Raymond Kethledge United States Court of Appeals for the Sixth Circuit 2008 George W. Bush (R) University of Michigan University of Michigan Law School
Barbara Lagoa United States Court of Appeals for the Eleventh Circuit 2019 Donald Trump (R) Florida International University Columbia Law School
Christopher Landau United States Ambassador to Mexico - - Harvard College Harvard Law School
Joan Larsen United States Court of Appeals for the Sixth Circuit 2017 Donald Trump (R) University of Northern Iowa Northwestern University School of Law
Mike Lee (R) United States Senator from Utah - - Brigham Young University Brigham Young University School of Law
Thomas Lee Utah Supreme Court 2010 Gov. Gary Herbert (R) Brigham Young University University of Chicago Law School
Edward Mansfield Iowa Supreme Court 2011 Gov. Terry Branstad (R) Harvard University Yale Law School
Federico Moreno United States District Court for the Southern District of Florida 1990 George H.W. Bush (R) University of Notre Dame University of Miami School of Law
Carlos Muñiz Florida Supreme Court 2019 Gov. Ron DeSantis (R) University of Virginia Yale Law School
Kevin Newsom United States Court of Appeals for the Eleventh Circuit 2017 Donald Trump (R) Samford University Harvard Law School
Martha Pacold United States District Court for the Northern District of Illinois 2018 Donald Trump (R) Indiana University University of Chicago Law School
Peter Phipps United States Court of Appeals for the Third Circuit 2019 Donald Trump (R) University of Dayton Stanford Law School
Sarah Pitlyk United States District Court for the Eastern District of Missouri 2019 Donald Trump (R) Boston College Yale Law School
William Pryor United States Court of Appeals for the Eleventh Circuit 2004 George W. Bush (R) Northeast Louisiana University Tulane University Law School
Allison Jones Rushing United States Court of Appeals for the Fourth Circuit 2018 Donald Trump (R) Wake Forest University Duke University School of Law
Margaret Ryan United States Court of Appeals for the Armed Forces 2006 George W. Bush (R) Knox College Notre Dame Law School
David Stras United States Court of Appeals for the Eighth Circuit 2017 Donald Trump (R) University of Kansas University of Kansas School of Law
Diane Sykes United States Court of Appeals for the Seventh Circuit 2004 George W. Bush (R) Northwestern University Marquette University Law School
Amul Thapar United States Court of Appeals for the Sixth Circuit 2017 Donald Trump (R) Boston College University of California at Berkeley School of Law
Kate Comerford Todd Deputy White House Counsel - - Cornell University Harvard Law School
Timothy Tymkovich United States Court of Appeals for the Tenth Circuit 2003 George W. Bush (R) Colorado College University of Colorado Law School
Lawrence VanDyke United States Court of Appeals for the Ninth Circuit 2019 Donald Trump (R) Montana State University, Bear Valley Bible Institute Harvard Law School
Don Willett United States Court of Appeals for the Fifth Circuit 2017 Donald Trump (R) Baylor University Duke University School of Law
Patrick Wyrick Oklahoma Supreme Court 2017 Gov. Mary Fallin (R) University of Oklahoma University of Oklahoma College of Law
Robert Young Michigan Supreme Court (retired) 1999 Gov. John Engler (R) Harvard University Harvard Law School

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Footnotes