President Donald Trump suggested at an October 27 rally in Lubbock, Texas, that he would nominate Sen. Ted Cruz to the Supreme Court for a future vacancy. Trump jokingly predicted the Texas Republican would receive unanimous Senate confirmation because lawmakers from both parties would support the move to remove him from Congress.
Trump’s Rationale for a Potential Cruz Nomination
He argued that the political animosity toward Cruz among his Senate colleagues would paradoxically ensure a smooth confirmation process.
Cruz also served as solicitor general of Texas from 2008 to 2013, where he argued multiple cases before the high court. Trump remarked that he would not even need to make a phone call to secure the votes, characterizing the potential move as a convenient answer to his little problem with approval
ratings during the confirmation process.
This is not the first time the president has floated the idea. Trump previously shared the same reasoning for why his “friend” would make an ideal candidate during a White House event in July. The president has also previously listed Cruz as a potential nominee during his 2020 campaign.
Cruz’s Stance on Leaving the Senate
Despite the president’s repeated public references to him as a potential jurist, Cruz has consistently maintained that he has no interest in trading his legislative career for a lifetime appointment. During an April interview with The Wall Street Journal, the senator stated that Trump had spoken to him “seriously” about all three previous Supreme Court vacancies, but he declined each time.
I don't want to be a judge,
Cruz said in a September interview with the Houston Chronicle. He has emphasized that his priority remains active participation in the arena of the political battle
rather than serving on the bench.
Current Status of the Supreme Court and Senate Midterms
There is currently no vacancy on the Supreme Court. Any future nomination process would be subject to the composition of the Senate, which is currently contested in the November 3 midterm elections.
Trump’s visit to Lubbock was part of a broader campaign tour. Earlier on the same day, the president appeared in Corpus Christi. His Texas stops were aimed at supporting GOP Senate candidate Ken Paxton, who is locked in a competitive race against Democratic opponent James Talarico. During the rally, Trump also needled Paxton for his physical appearance, a recurring theme in recent weeks, comparing him unfavorably to other candidates like Ohio Sen. John Husted.
President Donald Trump floated nominating Ted Cruz to the Supreme Court for a future vacancy on the nation's high court, joking that the Texas Republican senator's confirmation would earn unanimous Senate support because senators from both parties would like to see him gone.… pic.twitter.com/TxqOZD4Khe
The history of friction between Cruz and his colleagues has long been a subject of political commentary. In 2016, then-Sen. Lindsey Graham (R-SC) famously remarked on Cruz’s unpopularity, stating, If you killed Ted Cruz on the floor of the Senate, and the trial was in the Senate, nobody could convict you.