One of the most frequently asked questions about President Donald Trump’s judicial nominees is whether they are different than those from his first term. Now, almost 18 months in, trends are beginning to emerge, and one is clear— the president loves to nominate former state solicitors general.
This term, at least 17 of Trump’s 48 nominees served as state solicitors general or in state SG offices. That continues a trend from Trump 45, where 37 of his nominees had experience in state attorneys general or state solicitors’ general offices.
As I said last year and wrote a few months ago, former state SGs are well-suited for the bench because they earned top grades from historic law schools and clerked for the most conservative judges. But the experience of serving as a state SG also differentiates them from other lawyers. That’s because the role of a state solicitor general requires more than just skill and precision in the courtroom. It requires fortitude and courage as an advocate. State SGs make the hardest arguments in the highest courts to advance their state’s interests. Whether defending their states’ policies or challenging federal actions and overreach, state SGs are consistently under the public microscope, leading the charge in some of the most contentious and publicly recognized cases. Their podium is in the spotlight and their courtroom is the public square. The scrutiny they endure sets them apart.
So why does Trump love former state SGs? Because they make the best judges.
While many former state SGs ultimately land on the federal bench, a significant number choose to serve on state Supreme Courts— like Justice Sarah Warren. She’s up for reelection on Tuesday. By voting to re-elect her, Georgians will return a proven fighter to the Supreme Court at a time when the rule of law has never been more important.
Like other former SGs, Warren is highly credentialed. She graduated magna cum laude from Duke Law School, clerked for then-Chief Judge J.L. Edmondson of the 11th Circuit, and practiced at one of the largest law firms in the world. She is battle-tested with a proven track record of defending Georgia and recently defeated breast cancer. Even before becoming SG, she represented Georgia in a suit brought by Florida over water rights. As SG, she represented Georgia in numerous federal cases including the U.S. Supreme Court. As a justice, she has written important decisions for Georgians, including preserving the right to free and fair elections.
State SGs are the proven faces of high-stakes courtroom law for their states, and their courage and experience prepares them to be great judges. President Trump recognizes that, which is why so many of his judicial nominees are former SGs. Georgians should recognize it too; they have benefitted from Justice Warren’s service for the past eight years, and they should return her to office when they cast their votes on Tuesday.
Robert Luther III is a law professor at Antonin Scalia Law School at George Mason University and served as Associate Counsel to President Trump from 2017-18.
