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Title: Fox News: Kavanaugh and Kethledge new SCOTUS frontrunners?
Source:
HotAir
URL Source: https://hotair.com/archives/2018/07 ... ledge-new-scotus-frontrunners/
Published: Jul 5, 2018
Author: Allahpundit
Post Date: 2018-07-05 14:08:39 by Tooconservative
Keywords: None
Views: 10103
Comments: 54
— John Roberts (@johnrobertsFox) July 5, 2018 If anyone’s well positioned to know that the winds have changed in the West Wing, it’s a Fox News reporter. And if anything’s likely to boost a shortlister overnight, it’s making a good face-to-face impression on Trump. A more ideological president might look past that sort of thing to more nuts-and-bolts concerns about the nominee’s jurisprudence, but with Trump “personal chemistry” is key. A White House official involved in vetting the nominees told Axios that Trump’s likely to tilt towards “who he feels most comfortable with in a personal setting,” which would explain Kethledge’s stock rising. Although in fairness to POTUS, it’s not like Kethledge is any weaker ideologically than the competition. If Trump can get someone whom he likes personally and whom righties will like on the bench, so much the better. An interesting footnote via Politico: Apparently Ted Cruz is bearish on Kavanaugh. On a call with associates on Monday, Cruz warned that Kavanaugh is the sort of “unreliable” jurist by whom Republicans have been disappointed in the past, and he has worked to bolster the prospects of his colleague, Sen. Mike Lee (R-Utah). Sen. Tom Cotton (R-Ark.) also spoke to the president about the merits and drawbacks of each nominee, including Kavanaugh. Cruz can stump for Lee all he wants but Lee’s not going to be the nominee and may not even be in serious contention. What’s his beef with Kavanaugh, though? It must be more than that one ObamaCare ruling, which Kavanaugh defenders like Ed Whelan have argued has been misunderstood. What’s strange about Cruz’s opposition is that he and Kavanaugh have had parallel careers to some extent. They’re roughly the same age (Kavanaugh’s a few years older), both Ivy League law grads, both Supreme Court clerks, both worked on the Florida recount in 2000, both served in the Bush administration in Dubya’s first term. They’ve come out of the same conservative professional legal culture and that culture is very high on Kavanaugh. If anything, you’d think Cruz would be out in front recommending him as the next best choice after Lee. Is there history between the two that explains his chilliness? As for Barrett’s stock dipping, maybe her interview with Trump didn’t go as well as Kethledge’s did. Possibly Trump is worried that Barrett’s reputation, fair or not, as a pro-life warrior will end up spooking Collins and Murkowski and he’ll be dealt an embarrassing defeat in confirmation. Or maybe he’s calculating that he’ll get to appoint Ginsburg’s successor and wants to “save” a woman nominee for that spot, knowing that public pressure to fill Ginsburg’s seat with a female will be particularly intense. It’s unlike him to pass on a chance to instigate a nationwide culture-war street fight, which is what nominating Barrett would do. But if anything could make that fight more vicious, waiting to nominate Barrett as a replacement for the left’s feminist hero would do it. It would be a supreme act of clawing back cultural territory from the other side, practically a provocation. Maybe he’ll announce The Purge on the same day and let Americans really have it out for a day or two. Or maybe Barrett’s stock hasn’t dipped. Per WaPo, she’s one of three finalists, not two: — Robert Costa (@costareports) July 5, 2018 I’d wager on Kethledge. If it’s true that people like Cruz are warning Trump about Kavanaugh, Trump’s not going to roll the dice on him. The one thing he’s done as president that’s united the right entirely was appoint Neil Gorsuch; naturally he wants another nominee in that mold, not someone who’s going to attract ominous grumbles from movement conservatives from the start and maybe end up knifing conservatives on a major case while on the bench. Kethledge seems to be a safer pick despite a last-minute effort by some border hawks to paint him as soft on immigration. There’s a piece answering that charge at NRO today that’s worth your while. One last thing per Axios: Although Trump has said he’ll announce the nominee on Monday, sources say they wouldn’t be surprised if he changed his mind and broke the news early once he’s settled on someone. Don’t wander too far from a computer or TV over the next few days. Poster Comment: Ted Cruz doesn't want Kavanagh but hasn't threatened to vote him down (yet). Rand Paul is threatening to vote against Kavanagh over his actions during the Bush years. And Barrett is probably too pro-life to get past Collins/Murkowski. It looks like Kethledge at this point. And he has most of the personal qualities that Gorsuch has (hunter, fisherman, Michigander) and is considered to have a more polished style in Senate hearings and Kethledge is considered more appealing than Gorsuch to people who know them both. And that personal style factor means a lot with Trump. Kethledge is a better bet to sail through Senate hearings flawlessly than either Barrett or Kavanagh.
Three days ago the alleged finalists were Brett Kavanaugh and Amy Coney Barrett, but that was before Trump began interviewing shortlisters. And the interview with Raymond Kethledge reportedly went very, very well. .@FoxNews is told that @realDonaldTrump has completed the interview process for his @USSupremeCourt pick. Raymond Kethledge and Brett Kavanaugh are said to be the front-runners to replace Justice Kennedy. Announcement Monday night. 
Judge Raymond Kethledge Conservatives have also fixated on a 2011 challenge to Obamacare in which Kavanaugh ruled that the individual mandate functioned as a tax and invoked an 1867 law preventing individuals from challenging taxes before they have gone into effect. (The individual mandate went into effect in 2014.) But he also advised that, whatever its constitutional shortcomings, “Congress could eliminate any such potential problem.”… back on the SCOTUS search beat today. The top 3 contenders as of 9:30 a.m., per GOP and WH sources: Kavanaugh, Kethledge, Coney Barrett
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Begin Trace Mode for Comment # 35.
#1. To: All (#0)
Kavanagh may be vulnerable to a #MeToo attack by the Dems. Will Trump and the Senate GOP want to have to defend Kavanagh for not knowing that Kosinski was molesting the female help? It's hard to imagine, especially with Rand Paul insisting he'll be a no vote on Kavanagh. Politico: The document argues it is virtually impossible Kavanaugh, who served on a screening committee for Kennedy’s Supreme Court clerkship alongside Kozinski, was unaware of Kozinski’s behavior — though nobody has stepped forward to make that explosive allegation in public… Conservatives have also fixated on a 2011 challenge to Obamacare where Kavanaugh ruled that the individual mandate functioned as a tax and invoked an 1867 law preventing individuals from challenging taxes before they have gone into effect. (The individual mandate went into effect in 2014.) But he also advised that, whatever its constitutional shortcomings, “Congress could eliminate any such potential problem.”… On a call with associates on Monday, Cruz warned that Kavanaugh is the sort of “unreliable” jurist by whom Republicans have been disappointed in the past, and he has worked worked to bolster the prospects of his colleague, Sen. Mike Lee (R-Utah). . . . Kethledge is a quiet guy, an introvert. He has no interesting rumors to contend with in a Senate hearing.
Kethledge. Kethledge. You mean "Open Borders" Kethledge?
What is the "open borders" appellation based upon? https://www.nationalreview.com/bench-memos/judge-kethledge-immigration-laws-faithful-application/ By Roger Meyers July 5, 2018 9:41 AM Judge Raymond Kethledge is a committed originalist and textualist, which means he shows no favoritism to either side in any case, and instead applies the law as it is written. Judge Kethledge uses this sound approach to judging — the same approach used by Justices Antonin Scalia and Neil Gorsuch — in every case that comes before him. Judge Kethledge has also criticized judicial activism, which is when judges insert their own policy views into their decisions rather than applying our laws and Constitution as they were written and understood at the time they were enacted. Importantly, when faced with questions involving immigration law, Judge Kethledge takes the same approach he takes in every other case — he faithfully interprets and applies the laws as written and adopted by the politically accountable branches. And if those laws are not as stringent as some may prefer, it speaks to the need to address the laws themselves — a need that must be addressed by the legislative and executive branches, not the judiciary. [...]
Right. As did the U.S. Supreme Court in Roe v Wade when they faithfully interpreted and applied the right to privacy they found in a penumbra of an emanation. It was there. They said it was there. They saw it. And they faithfully interpreted and applied it.
It was there. They said it was there. They saw it. And they faithfully interpreted and applied it. What is the "open borders" appellation based upon? You did not address, much less answer, the question. What did he say about open borders?
In Patel v. USCIS, 732 F.3d 633, 2013, Kethledge wrote an opinion that expressly rejected the government’s contention that an American immigration law’s purpose is to protect American workers and benefit American businesses. In Van Don Nguyen v. Holder, 571 F.3d 524, 2009, Kethledge reversed a deportation order of a criminal alien who had lied about a drug conviction and been convicted of grand theft auto -- which Kethledge argued was not an aggravated felony.
I'd rather have Hardiman or Kethledge but it seems all the smart money is betting on Kavanagh at this point. He has been the fair-haired boy of the Beltway conservative legal establishment since he graduated from law school. The Senate GOP will likely be willing to fight to confirm him. Kethledge is a very good writer. But supposedly Kavanagh has him beat with some people describing his opinions as operatic. That's high literary praise for legal writing and the kind of thing that routinely described Scalia's writing. He's also very fast at debate and could push oral arguments in a certain direction. They say he is impressive in person.
Now a reported push to save that seat for Kethledge. Politico: “Unlike many people, he’s not a D.C. insider,” said Kethledge pal Christopher Yoo, a University of Pennsylvania Law School professor. Kethledge and Yoo shared an office when they clerked for retiring Justice Anthony Kennedy from 1997 to 1998. “He doesn’t belong to the kind of circles of power that other former clerks are often drawn to. What’s quite telling is his love of Michigan, his love of outdoors. … One of the highest compliments he can give about a person is they aren’t afraid to drink beer straight out of the bottle.” Got that? He actually knows a few people who drink beer from bottles! What a redneck judge! What a man of the people! If confirmed, he'd probably show up at the Court wearing a coonskin cap, by crackey.
I had one.
But of course you did. When I was younger, we killed thousands of those destructive little bastards. Never once wanted to wear one on my head. My older brother made decent money at times selling their dead bodies to local fur buyers. Sometimes entire pickup loads of them.
#36. To: Tooconservative (#35)
Weren't a Davy Crockett fan, huh?
Coons are the asshole rodents of the woods... the only good coon is a dead coon.
Aha. Now I get it. You're upset with yourself that you didn't have the business savvy to sell the skins to Disney. "At its peak, the frenzy started by Parker's Davy Crockett character helped sell 5,000 coonskin caps a day, causing the price of raccoon fur to jump from 25 cents a pound to $8." And those are 1955 prices.
Top • Page Up • Full Thread • Page Down • Bottom/Latest Kavanaugh’s critics have circulated a six-page opposition research document tying him to former 9th Circuit Judge Alex Kozinski, who abruptly retired in December after several of his former female clerks accused him of sexual harassment.
#3. To: Tooconservative (#1)
Kethledge is a quiet guy
#10. To: misterwhite, Tooconservative (#3)
You mean "Open Borders" Kethledge?
Judge Kethledge Faithfully Applies Immigration Laws
#13. To: nolu chan (#10)
he faithfully interprets and applies the laws as written
#21. To: misterwhite (#13)
Right. As did the U.S. Supreme Court in Roe v Wade when they faithfully interpreted and applied the right to privacy they found in a penumbra of an emanation.
#25. To: nolu chan (#21)
You did not address, much less answer, the question. What did he say about open borders?
#27. To: misterwhite, nolu chan (#25)
#30. To: All, nolu chan, misterwhite, hondo68 (#27)
Former aides and supporters of Kethledge, a Michigan resident who moves outside Washington circles and is considered the least known of the leading contenders, are quietly circulating positive information about the judge’s personal life, political profile and reassuring record on the U.S. Court of Appeals for the 6th Circuit. The tacit message: If Brett Kavanaugh is a well-connected D.C. insider, and Amy Barrett is a grass-roots favorite but lacks experience, Kethledge is a down-to-earth Michigander who checks all the boxes for conservatives.
#32. To: Tooconservative (#30)
wearing a coonskin cap, by crackey.
#35. To: misterwhite (#32)
I had one.
Replies to Comment # 35.
#38. To: Tooconservative (#35)
#41. To: Tooconservative (#35)
When I was younger, we killed thousands of those destructive little bastards.
End Trace Mode for Comment # 35.
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