This is an archived article that was published on sltrib.com in 2017, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Though he says it's not a tooth-and-nail sibling rivalry, Sen. Mike Lee does see one advantage in getting the U.S. Supreme Court nomination over his older brother.

If picked for a high-court post by President-elect Donald Trump, he'd be in a position to overrule decisions made by his brother, Thomas Lee, associate chief justice on the Utah Supreme Court.

"I had not thought about that, but that is a fantastic point," Mike Lee, R-Utah, joked in an interview this week with FOX News' Shannon Bream. "If I should be so fortunate to be nominated by President Trump and if I were confirmed by the Senate for that position, that would be a lot of fun overturning my brother."

Both Thomas Lee and Mike Lee were named as potential Supreme Court picks, among 21 conservatives, by Trump during the campaign. (Neither brother appears on a short list compiled by POLITICO this month.)

The U.S. Supreme Court decides about 70 cases each year, a fraction of the disputes filed in federal court — and there's no guarantee a Utah case would make the cut.

Trump will fill the vacancy left by the death of Justice Antonin Scalia. Senate Republicans refused for months to hold hearings or vote on President Barack Obama's nominee, Merrick Garland, the chief judge of the U.S. Court of Appeals for the District of Columbia.

The president-elect promised in a news conference Wednesday to name his pick in early February.

Mike Lee did not support Trump during his campaign and revealed the day after the election that he cast his vote for independent presidential candidate Evan McMullin as a protest.

Lee did, however, tell the Deseret News this month that he would "not say no" if Trump appointed him. In his interview with FOX News, Lee said the healthy competition with his brother is just part of the fun.

"The great thing about my relationship with my brother is that I can confidently say that either he or I would be absolutely thrilled to be able to say 'My brother's on the court,'" Lee said. "There's no hesitation there on my part or on his."

Twitter: @CourtneyLTanner

— Courtney Tanner