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Donald Trump rebuffed after trying to pick Ted Cruz ally Mike Lee as potential Supreme Court nomination

Mr Lee was one of 10 names added to the list of possible justices by Mr Trump - amid growing expectation that Mr Cruz is finally about to endorse the Republican candidate

Rachael Revesz
New York
Friday 23 September 2016 19:53 BST
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Mr Lee was the only person on the list who does not currently work in the courts
Mr Lee was the only person on the list who does not currently work in the courts

One of the most conservative members on Donald Trump’s expanded list of potential supreme court justices and an ally of Ted Cruz has already hinted he would not accept the nomination.

Utah senator and Tea Party favourite Mike Lee, a politician who has spoken out against abortion and gay marriage, said he would not take up the role.

"Right now I'm focused on my job in the Senate, where I'm in a good position to defend the Constitution by fighting against government overreach. Both lists that I've seen from the Trump campaign are fantastic.

"While my brother and I might disagree as to which list is better, they're both great," said Mr Lee, as reported by Reuters.

Mr Trump’s first list of justices in May included Mr Lee’s bother, Utah spree court justice, Thomas Lee.

Mr Cruz said at the recent Republican National Convention that he refused to act like a "servile puppy dog" and endorse the nominee.

Mr Trump's expanded list of 10 names, revealed Friday, includes one woman, Margaret Ryan, a judge of the US court of appeals for the armed forces.

Mr Lee was the only person on the list who does not currently work in the courts.

"This list is definitive and I will choose only from it in picking future justices of the United States Supreme Court," Mr Trump said in a statement, as reported by Reuters.

Carrie Severino, who worked as a clerk for conservative supreme court justice Clarence Thomas, praised Mr Trump’s decision, as reported by Politico.

"Conservatives should be very pleased by the steps he has taken, and if he lives up to his promises we will have a Court that truly puts the rule of law ahead of political preferences."

The gap in the supreme court justice roster came about when former associate supreme court justice Antonin Scalia died in February 2016.

His death left eight justices, four of which are left-leaning.

President Obama has nominated justice Merrick Garland, chief judge of the US court of appeals in Washington.

So far the Republican-led senate has refused to conside confirming him.

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