And his #KavanaughConfirmationHearing testimony, now underway, reminds me: Paul Clement clerked at #SCOTUS that Term (OT 1993) as well! (It's too bad that Clement isn't on any of the #SCOTUS shortlists.)https://twitter.com/DavidLat/status/1035622320247898113 …
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Replying to @DavidLat
I know general norms governing SCOTUS nominations dictate that sitting judges are preferable, but are there any other practical reasons why lawyers in private practice -- especially once-a-generation stars like Clement -- aren't seriously considered?
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Replying to @MarkonMaximus
I think it's mainly the norms you cite, which also go to confirmability - even the sper-qualified Elena Kagan got "she's never been a judge" criticism - but maybe there are also concerns re: more conflicts of interest/recusals (but those fall away over time).
1:01 PM - 7 Sep 2018
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