President Donald Trump is set to announce several nominees to fill federal court openings. The Trump campaign past year listed Larsen as a possible candidate for Scalia's seat on the nation's highest court, an opening that eventually went to Justice Neil Gorsuch.
Trump will nominate judges John K. Bush of Kentucky and Joan Larsen of MI for the bench of the 6th Circuit Court of Appeals.
Jonathan H. Adler, a law professor at Case Western Reserve University, said the appeals court picks on Mr. Trump's list included "incredibly strong nominees" who were within the judicial mainstream and should "have an intellectual influence on their courts".
While appeals courts tends to have a lower public profile, their role in adjudicating numerous orders and laws put forth by the administration is significant.
It would take congressional action to break up the 9th U.S. Circuit Court of Appeals. Though Garland had bipartisan support, McConnell likely did this in the hopes of taking the nomination from Obama and giving it to a Republican president the next year.
Dayton, who has appointed four of the state Supreme Court's seven justices, would pick Stras' replacement on the court.
President Donald Trump is expected to nominate 10 judges to federal court positions on Monday, a senior White House official said. Now he is taking the next step in carrying out his campaign promise by appointing highly qualified and principled judges to the lower federal courts.
Larsen will stay on the Supreme Court while her nomination is pending. But having abolished the judicial filibuster for nominees to the circuit courts, they are powerless to stop these nominees, barring exceptional circumstances that give Republican Senators pause. Three sitting Supreme Court justices are in their late 70s and early 80s. Stras worked for Justice Clarence Thomas and Newsom served under Justice David Souter.
Larsen, who at the time of her appointment was U-M special counsel to the dean for student and graduate activities, advised the White House and the U.S. attorney general as deputy assistant attorney general in the U.S. Department of Justice Office of Legal Counsel from January 2002 to May 2003. In 2007, the court's conservative majority ruled 5-4 in favor of challengers to the school system.