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What To Know About Barbara Lagoa, Potential Supreme Court Pick Whose Stock Is Rising

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This article is more than 3 years old.
Updated Sep 21, 2020, 05:20pm EDT

Topline

With President Trump announcing Saturday that he will nominate a woman to replace the late Supreme Court Justice Ruth Bader Ginsburg, the shortlist includes 11th Circuit Court of Appeals Judge Barbara Lagoa, whose stock is rising quickly within the White House, according to Bloomberg and the Washington Post.

Key Facts

A Miami native, Lagoa served as a chief judge on the Florida Third District Court of Appeals and as a Florida Supreme Court justice before being confirmed by the Senate to the 11th Circuit in December.

Unlike reported frontrunner Amy Coney Barrett – who was confirmed to the 7th Circuit in 2017 by a vote of 55 to 43 – Lagoa breezed through her Senate confirmation by a vote of 80 to 15, including 27 Democrats.

Trump believes that nominating Lagoa, the daughter of Cuban exiles who fled Fidel Castro’s rule, could be a boon to his struggling reelection bid thanks to her background and Florida roots, according to Bloomberg and the New York Times.

One White House adviser told the Post that she and Trump could have personal chemistry due to her being a “feisty and an engaging conversationalist.”

A graduate of Florida International University and Columbia Law School, Lagoa would be unique among the eight current Supreme Court justices as the only one who didn’t receive a law degree from Harvard or Yale.

Lagoa’s decisions suggest she would be well within the conservative wing of the court – she opposed a local minimum wage hike as a Florida Supreme Court justice and, as a Circuit Court judge, voted to uphold a law requiring ex-felons to pay public debts before being allowed to vote.

Crucial Quote

One key sticking point for Lagoa with Republicans could be abortion; during her confirmation hearing for the 11th Circuit, she told the Senate she believes Roe v. Wade is “binding precedent of the Supreme Court“ and “settled law.” Sen. Josh Hawley (R-Mo.) has called on his Republican colleagues to "reject any nominee who has not said Roe was wrongly decided.”

Big Number

44. That’s how many days there are until the election, while the average Supreme Court nomination since 1975 has taken 69 days. However, Republicans likely have the ability to rush through a nominee before the election, and even if they do not, Senate Majority Leader Mitch McConnell has vowed to give Trump’s nominee a vote and has not ruled out confirming one during the lame duck period.

Chief Critic

Democrats have vowed to do everything in their power to prevent Trump from confirming a nominee. “We have arrows in our quiver,” House Speaker Nancy Pelosi said Sunday, replying “we have our options” when asked if she would launch renewed impeachment proceedings against Trump to stymie his efforts.

What To Watch For

With a 53-seat majority and Vice President Mike Pence as a tie-breaker, Republicans can afford only three defections. Sens. Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska) have publicly announced opposition to confirming a nominee before the election, while other potential swing votes, including Sens. Mitt Romney (R-Utah.) and Cory Gardner (R-Colo.), have yet to comment.

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