Trump’s SCOTUS Pick Could Rule On Previously Argued Cases

Tradition keeps justices who join the Supreme Court from ruling in cases in which they did not witness oral arguments, but with a tradition-busting president like Donald Trump this might go by the wayside. In the past, new justices have ruled in previously argued cases only if they are re-argued. “I think the ‘common sense rule’ would be that a new justice would not participate,” said former Supreme Court clerk William Suter. “It would look fishy, especially if the newbie voted with the majority in a 5-4 decision.”