I would think the message is crafted for the @FedSoc and the GOP base, not Justice Kennedy.http://www.economist.com/blogs/democracyinamerica/2017/11/making-judiciary-great-again …
You don't think Kavanaugh is a signal to Kennedy? Kavanaugh also was mentioned in early NYT article about efforts to goad Kennedy into retirement.
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If it is, it's a pretty weird signal. 1 of the 5 new names is a Kennedy clerk, someone who would already be on any other GOP Prez's short list. And when a Scalia & Kennedy clerk are confirmed the same week, you add the Scalia clerk & not the Kennedy clerk? Not much of a signal.
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Maybe the signal is "We're mostly thinking of other people, but hey, here's a crumb for people you know, Tony, so YOU SHOULD RETIRE NOW."
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Certainly seems like an incredibly weak signal, if it is one. But if it's not a signal, why put him on the list now (when he was previously off)? Kavanaugh was always a well known quantity.
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I would ask that a different way: Why was he left off before? An obvious oversight. I can think of a few reasons unrelated to the merits, but they have passed.
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his ACA opinion?
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That seems like a good guess.
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The list is the best way to remind fed society types and other mainstream republicans that they are getting something out of staying behind him. I assume timing has more to due with Mueller and Moore and political failures than with AMK.
End of conversation
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I don't think Kennedy is going anywhere while Trump is president, he knows how dangerous he is.
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