President Trump on Wednesday released a list naming several people he’d consider nominating for the Supreme Court if reelected. It was a smart move. Many evangelical and core conservative voters support Trump’s judicial picks even if they don’t approve of Trump’s rhetoric or actions on most other issues. But this list has also become necessary as voters realize just how influential the judicial branch has become.
Like it or not, the courts have become a political powerhouse. They weigh in on almost every policy debate, and sometimes, they use these debates to create new policy (see, for example, the Supreme Court’s recent Bostock decision). More importantly, though, the courts determine the ideological trajectory of the nation. By releasing his list of potential Supreme Court picks, Trump is sharing his vision for America’s political future and allowing voters to decide whether it is something they could support.
Democratic presidential nominee Joe Biden should do the same. Voters deserve to know whom he’d prefer to see making some of the most important decisions facing our country because these judges will stick around even after Biden’s presidency has ended. Judicial appointments are fast becoming a president’s legacy, and the public should know what that legacy might look like before they head to the polls.
That Biden has not yet released a list similar to Trump’s is telling. Perhaps Biden fears backlash from voters if his court picks are too far to the Left. Or perhaps he is worried that the Left would abandon his campaign if his nominees are too close to the center. Biden has been trying to walk this fine line since he first launched his bid for the presidency, and it seems he’s learned that the best way to appease both sides is by saying nothing at all.
But staying silent on this issue will not help Biden’s campaign. At least 64% of voters said in a recent survey that Supreme Court appointments are “very important” to their votes in this year’s election. This is a priority for voters, which Trump seems to understand. When will Biden follow suit?
