THIS. The third Trump #SCOTUS shortlist was issued for the purpose of putting Kavanaugh in the mix (no offense to my fellow former O’Scannlain clerk, Kevin Newsom, and the other four names). #AppellateTwitterhttps://twitter.com/gregstohr/status/1012045379490238464 …
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Replying to @DavidLat
Do you have any idea why Kavanaugh wasn’t on either the first or second list? A young D.C. circuit judge who was previously a Kennedy clerk had to be avoided for a reason. Kethledge made the list, as did Gorsuch.
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Replying to @jocularjaegar
Seem as too “inside the Beltway” during the heat of the campaign. But now Trump is president, with 90% approval among Republicans.
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Replying to @DavidLat
Plus, close to W. (with whom Trump is not close) and voted to uphold ACA, so like Sutton maybe seen as traitor
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Replying to @boredbaum @DavidLat
Oh is that why Sutton wasn’t on the list? I was wondering.
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Replying to @jocularjaegar @boredbaum
Yup. Although one source told me it wasn’t the problem for Kavanaugh (who cleverly dodged the constitutional issues in Obamacare and went with the Anti Injunction Act).
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Replying to @DavidLat
VERY interesting. Also, query whether potential for rhetorical tie-in to RUSSIAN WITCH HUNT could be a problem given Whitewater--no substantive problem, but will he want to give people a reason to talk about it more?
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Interesting; I hadn’t thought of that angle - thinking that Dems would take that line of attack.
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