U.S. Sen. Ted Cruz speaks at a 2021 event in Phoenix, Arizona. Credit: Wikipedia Commons / Gage Skidmore

President Donald Trump is keen on appointing U.S. Sen. Ted Cruz to replace Supreme Court Justice Samuel Alito if speculation proves true that the 76-year-old justice is ready to retire, Politico reports.

Two people “granted anonymity to describe Trump’s thinking” told the news outlet that Cruz, a Texas Republican, remains near the top of Trump’s list should a high court vacancy open up prior to the midterms.

Speculation has swirled for weeks that Alito, one of the court’s most conservative justices, may retire before the midterms. That talk stems from his age, his book release slated for October and the fact that justices often time their retirements for when a president and Congress of their political ideology are in power, the New York Times reports.

With Republicans facing upheaval in the upcoming midterms, a near-term Alito retirement would make confirmation of a conservative replacement far easier.

Senate Majority Leader John Thune said Tuesday that Republicans would fill the vacancy prior to the midterms if such an opportunity arose.

“That’s a contingency I think around here you always have to be prepared for,” Thune told reporters Tuesday, according to Politico. “And if that were to happen, yes, we would be prepared to confirm.”

That’s where Cruz comes in to play.

Politico’s report comes months after Trump, during a Texas stop, cheekily said the senator would garner bipartisan support if he were nominated to the Supreme Court.

“He’s the only guy I know, he’ll get 100% of the Democrat vote, 100% of the Republican vote,” Trump said during a February visit to Corpus Christi. “They want to get him out of there. He is such a pain in the ass, but he’s so good and talented.​”

Indeed, Cruz does have the legal pedigree for the role.

The senator graduated from Harvard Law magna cum laude, held a clerkship with Chief Justice William Rehnquist and has experience as Texas solicitor general. What’s more, he’s argued nine cases before the high court.

If Cruz were to be confirmed to the Supreme Court, a special election would need to be called to find his replacement.

Even so, Cruz has previously said that he has no interest in a seat on the court, and many observers expect him to mount a 2028 presidential run.


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Michael Karlis is a multimedia journalist at the San Antonio Current, whose coverage in print and on social media focuses on local and state politics. He is a graduate of American University in Washington,...