I don't claim to know who President Donald Trump will pick Monday night to replace retiring Justice Anthony Kennedy on the U.S. Supreme Court. But I do claim to know what we'll be saying about it. Here, in alphabetical order, is what will soon be the conventional wisdom. Plus, what you should really think, where it differs.
• Amy Coney Barrett: If Trump picks Barrett, the conventional view will be that he is playing to his evangelical base by selecting the most overtly religious nominee, one likely to vote to overturn Roe vs. Wade, the landmark 1973 decision that legalized abortion. Democrats will say they have a shot at blocking her by holding onto conservative Senate Democrats and turning moderate, pro-choice Republicans Susan Collins and Lisa Murkowski to vote against Barrett. We will have to fasten our seat belts for a fight over Catholicism generally, and over People of Praise, the tightly knit Christian group to which Barrett belongs.
The truth is that the fight over Barrett will in many ways just be a fight over Merrick Garland, President Barack Obama's nominee to the Supreme Court whom the Republicans blocked in 2016 without even a hearing. In a pre-Garland world, Barrett would deserve to be confirmed without serious trouble. She's deeply conservative, to be sure. But she's also a truly brilliant lawyer, as I can attest from having clerked at the Supreme Court the same year she worked for Justice Antonin Scalia.
For what it's worth, I don't use the word "brilliant" lightly. There were just under 40 Supreme Court clerks in October Term 1998, none exactly a slouch. She was one of the two best lawyers of the 40 — and arguably the single best. Any Senate Democrat who tries to go toe to toe with Barrett over her legal abilities is going to lose. Badly. She has only eight months' experience on the court of appeals after a career as a law professor. But she was legally prepared enough to go on the court 20 years ago.
On top of that, Barrett has seven children. She went to Rhodes College and the Notre Dame Law School, not Harvard or Yale. And, oh yes, she's a lovely, charming person. If she gets on the court, now or in the future, they will make a movie about her someday, just like Ruth Bader Ginsburg.
After the Garland denial, however, we've entered the land of pure nomination partisanship. If the Democrats can block Barrett, it's hard to see why that would be any more unfair than Republicans blocking the eminently qualified Garland.
• Thomas Hardiman: If Trump picks this complete Washington outsider, we'll be saying that he listened to his sister Maryanne Trump Barry, the judge who first promoted Hardiman — and to Senate Majority Leader Mitch McConnell, who said he could get Hardiman confirmed. People will talk a lot about how the Catholic Hardiman, who went to Notre Dame for college and Georgetown for law school, volunteered for a legal organization called Ayuda and represented undocumented Latino immigrants pro bono. Some will speculate that this might make him soft on immigration issues. We'll also hear about how he is very strongly pro-gun rights.
The reality is that Hardiman is the only true outsider candidate, someone who didn't clerk for the Supreme Court (or any judge, actually), didn't go to Ivy League schools, and never worked for the executive branch or a senator. He'll be an outsider on the Supreme Court for the same reasons. He's a wild card, and will make the Federalist Society, a conservative legal group, very nervous. His selection would show Trump is not listening to the people who have picked all his judges so far.