One of the most innovative and consequential decisions made by Donald Trump in the 2016 campaign was to release a list of potential Supreme Court nominees.  This list was a critical factor in helping Trump to gain the trust of conservative voters at a time when control of the Court hung in the balance. In a recent interview, Georgetown Law professor Randy Barnett remarked that he "would love to see whoever the Democratic nominee's list would be ... so we can judge their nominees like his nominees were judged." It would certainly make for an interesting contrast, wouldn't it? However, it is very unlikely that we will ever see such a list from a Democratic nominee either during the primary or during the general election. "One important explanation for the lack of Democratic lists," wrote John O. McGinnis, professor of constitutional law at Northwestern University, "is the extent to which identity politics dominates...(Read Full Post)