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FILE - In this April 20, 2018, file photo, the Supreme Court is seen in Washington. The Supreme Court has upheld President Donald Trump's ban on travel from several mostly Muslim countries, rejecting a challenge that it discriminated against Muslims or exceeded his authority. (AP Photo/J. Scott Applewhite, File)

Short List For Supreme Court Replacement Includes 3 From Michigan

June 27, 2018 - 6:29 pm

There are three Michigan names President Trump is considering, as he fills the Supreme Court seat being vacated by Justice Anthony Kennedy.

Kennedy, 81, was nominated by Ronald Reagan in 1987 and in 1988 was sworn in -- he's held the pivotal role of the swing vote on issues ranging from capital punishment, gay rights and abortion.  

Among those being considered:

  • Judge Joan Larsen. She was appointed by Trump to serve on the Sixth Circuit Court of Appeals.
  • Raymond Kethledge is also under consideration. He also serves on the Sixth Circuit.
  • Former Michigan Supreme Court Justice Robert Young is on the list. He was just hired as general counsel for Michigan State University following the Larry Nassar sexual abuse scandal.

Wayne State University Constitutional Law Professor Robert Sedler believes Trump will nominate a justice who is a conservative.

He says that future decisions will likely take a conservative turn and that existing decisions will remain intact. 

"I don't think you are going to see a massive over-ruling of prior decisions I certainly they're not going to overrule marriage equality ... but I think what you will see is that in other areas where the court is going to take a more conservative tact," said Sedler. 

Sedler believes that this change will be a gradual -- most likely on a case by case basis. He expects the new judge will be in place before the November elections. "The conservative justice will likely be confirmed and will sit in all likelihood when the court convenes for the 2018 term in October."