Here's my latest #SCOTUSnominee post, analyzing 5 key issues likely to confront Judge Brett Kavanaugh as he proceeds through the #SCOTUS confirmation process. http://bit.ly/2Jnxm6y - #SCOTUSpick
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Replying to @DavidLat
Some other flashpoints: 1. Precedent: He's dismissive of Morrison and Humphrey's. 2. He's flirting with upending all indepedent agencies and the modern administrative state. 3. His historical assumptions are spotty if he claims to be an originalist.http://shugerblog.com/2018/07/12/the-wolves-in-kavanaughs-footnotes …
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I don’t think these issues — while important — will catch on with the senate, let alone the public.
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Replying to @GChernack @jedshug
You raise excellent, sophisticated, nuanced questions,
@jedshug - which the Democratic members of@senjudiciary won’t bother raising, so they can grandstand on TV about Trump.2 replies 0 retweets 1 like -
@Davidlat: superficially understandable since APDA 1992.
Seriously, the precedent question is always a Roe question.
And any risk of increasing presidential power (over agencies and ACA non-enforcement) is a chance to grandstand against Trump. And it’s a health care question.1 reply 0 retweets 2 likes
You could try to get these Qs into the hands of @senjudiciary staffers. They don’t lend themselves to televised hearings, but they could be posed to the #SCOTUSnominee for his written responses.
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Yep, tbh, that’s my plan.
0 replies 0 retweets 2 likesThanks. Twitter will use this to make your timeline better. UndoUndo
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