White House
The 2026 SCOTUS Shortlist — Who Trump Is Actually Vetting
The Federalist Society bench for the next SCOTUS vacancy. Marshall K. names the three finalists.
September 19, 2026·6 min read·By Marshall K.
The Federalist Society's 2026 vetting list has thirty-one names. The White House Counsel's short list has three.
The finalists
- Judge Andrew Oldham (5th Circuit) — The favourite. Ex-Ken Paxton solicitor general, former OLC deputy, wrote the 5th Circuit's Chevron-killing majority in Restaurant Law Center v. DOL.
- Judge James Ho (5th Circuit) — The originalist purist. Concurrence-heavy, ideological, but the base loves him.
- Judge Amul Thapar (6th Circuit) — The dark horse. Less telegenic but McConnell's personal favourite and a textualist's textualist.
The politics
Chief of Staff prefers Oldham (youngest, longest bench legacy). The First Lady is said to prefer Ho (personal friendship with his wife). The Senate Judiciary chairman is agnostic — all three would confirm 52-48.
Trump himself has met all three at Bedminster in the last six weeks. Two sources familiar with the meetings say he asked all three the same question: "If Roberts is the swing vote, will you be the fifth vote to overrule him?"
SCOTUSFederalist SocietyJudiciary