Politics Conservatives see Kethledge as 'Gorsuch 2.0'

05:25  07 july  2018
05:25  07 july  2018 Source:   thehill.com

Kennedy retirement kicks speculation over Supreme Court replacement into high gear

  Kennedy retirement kicks speculation over Supreme Court replacement into high gear Justice Anthony Kennedy's retirement announcement kick-started rampant speculation about who President Trump will pick for what could be the most consequential appointment of his presidency. President Trump told reporters the “search for a new justice will begin immediately” after the Wednesday announcement from Justice Anthony Kennedy that he plans to step down from the high court.The announcement kick-started rampant speculation about whom Trump will pick for what could be the most consequential appointment of his presidency, giving him the opportunity to move the Supreme Court more solidly to the right.

Gorsuch 2 . 0 . That’s how conservative commentator Hugh Hewitt described Raymond Kethledge , the Sixth Circuit judge who reportedly sits near the top of President Trump Donald John Trump Ex-CIA chief Brennan compares Trump to Bernie Madoff Timeline: The controversies of Scott Pruitt Warren

Another, Raymond M. Kethledge of the Sixth Circuit, so resembles Justice Gorsuch in background, philosophy, hobbies — both are outdoorsmen who like fishing — and even physical appearance, that some conservatives have taken to calling him “ Gorsuch 2 . 0 .”

a man wearing a suit and tie © Provided by The Hill

Gorsuch 2.0. That's how conservative commentator Hugh Hewitt described Raymond Kethledge, the Sixth Circuit judge who reportedly sits near the top of President Trump's short list of candidates to fill Justice Anthony Kennedy's Supreme Court seat.

Kethledge has gained the backing of conservatives for his strict, originalist approach to the law, and for his hostility toward an entity loathed on the right: the administrative state. Former White House chief strategist Steve Bannon once described the "destruction of the administrative state" as a central goal of the Trump administration, and it's one that conservatives think Kethledge could help hasten.

Trump completes interviews of Supreme Court candidates, short-list down to 6

  Trump completes interviews of Supreme Court candidates, short-list down to 6 President Trump has completed the interview process for Supreme Court candidates after speaking with six judges, a source with knowledge of the selection process tells Fox News. The president and his vetting team have moved quickly ahead of an expected announcement on Monday.While liberal advocacy groups and others are gearing up for a major confirmation fight, Trump is charging ahead with an imminent decision to fill the seat of retiring Justice Anthony Kennedy, and potentially move the court more solidly to the right.

Another, Raymond M. Kethledge of the Sixth Circuit, so resembles Justice Gorsuch in background, philosophy, hobbies — both are outdoorsmen who like fishing — and even physical appearance, that some conservatives have taken to calling him “ Gorsuch 2 . 0 .”

"They described his view of her as 'positive,' since he appointed her, but noted that he sees Kavanaugh and Kethledge as similar to Gorsuch , another former Kennedy clerk

That belief stems in large part from a speech Kethledge gave last year about the landmark Chevron v. Natural Resources Defense Council case from 1984. The decision in that case broadly required that in situations where the law is ambiguous, courts should defer to the executive branch's interpretations - a move that gives the executive branch significant power.

Kethledge criticized the approach in his speech at the University of Michigan, arguing that it makes the administrative state less accountable and allows it to cut corners.

The speech came just months after a high-profile 10th Circuit judge wrote a concurring opinion eviscerating the Chevron ruling. That judge's name? Neil Gorsuch.

Conservative like Hewitt took notice.

Schumer urges Trump to tap Merrick Garland for Supreme Court

  Schumer urges Trump to tap Merrick Garland for Supreme Court In a brief phone conversation on Tuesday, the Democratic leader in the Senate made his case for the Obama nominee who was shunned by the GOP.Trump had called Schumer on Tuesday afternoon for a Supreme Court-centered conversation that lasted less than five minutes, according to a person familiar with the call. Schumer, the person said, pressed the president to name Garland to succeed Kennedy, arguing doing so would help unite the country.

Kethledge is also a known quantity after a decade on the bench and also has little Souter risk. Hugh Hewitt thinks he’d be Gorsuch 2 . 0 , which is highly appealing, but he’s not as familiar to the movement- conservative legal ecosystem as Kavanaugh is.

Some conservatives have pointed to Kethledge as a potential justice in the mold of Neil Gorsuch , Trump’s first Supreme Court nominee last year. Both Kethledge and Gorsuch once served Kennedy as law clerks.

In a Washington Post op-ed, Hewitt pointed to Kethledge's "willingness to challenge so-called Chevron deference toward the vast administrative state, a doctrine dangerous in its corrosive effect on self-government."

Kethledge has more than just Hewitt's endorsement going for him. He grew up in Michigan, a crucial Trump swing state, where he attended the University of Michigan as an undergraduate and for law school. He later clerked for the man he hopes to succeed on the Supreme Court, Justice Anthony Kennedy. And he's served a healthy period of time -- a decade -- on the U.S. Court of Appeals for the Sixth Circuit, which is based in Cincinnati.

Josh Blackman, an associate professor at South Texas College of Law, says one advantage of coming from the Sixth Circuit is that it doesn't see the same level of controversial cases as some of the other circuit courts.

"It doesn't have ginormous cases like the D.C. Circuit has, so he hasn't had many earth-shattering opinions," Blackman said.

Trump says he's narrowed Supreme Court nominees to 2 or 3

  Trump says he's narrowed Supreme Court nominees to 2 or 3 The list of contenders for the upcoming Supreme Court vacancy is narrowing. President Donald Trump tells reporters: "I think I have it down to four people. And I think of the four people I have it down to three or two." The president has wrapped up the interview process and is moving closer to picking his court nominee amid intense jockeying from various factions seeking to influence the choice. Trump's current top contenders are federal appeals court judges Amy Coney Barrett, Brett Kavanaugh and Raymond Kethledge, said a person familiar with Trump's thinking who was not authorized to speak publicly.

Like Scalia, Kethledge is considered an originalist, and has ruled in favor of gun rights, as conservative commentator Hugh Hewitt noted in a glowing Washington Post endorsement Monday. According to Hewitt, Kethledge is “ Gorsuch 2 . 0 ,” a young candidate of “character

Some conservatives have pointed to Kethledge as a potential justice in the mold of Gorsuch ; both once served as law clerks to Kennedy. Kethledge , a Michigan Law graduate who has been a Michigan-based appellate court judge for the past decade

That could be useful in tough Senate confirmation hearings.

Legal commentator David Lat agreed.

"Like Gorsuch, Kethledge is a former Kennedy clerk from the heartland, with fantastic credentials and solid conservative views, who everyone knows is conservative, but who can't be stopped by liberals because there's just not enough in his record to nail him on," Lat wrote in his Above the Law blog.

If history is any indication, Kethledge will need that extra firepower if he makes it to the confirmation process. His path to the Sixth Circuit was tumultuous.

His first nomination lapsed after six months when the 109th Congress adjourned. President George W. Bush renominated him three months later, but Michigan Democratic Senators Carl Levin and Debbie Stabenow stalled the nomination.

His nomination was advanced in a voice vote by the Senate Judiciary Committee after a deal was struck with the Bush administration regarding stalled nominees.

Kethledge was confirmed by the Senate, also by voice vote, in June 2008, almost two years to the day after he was initially nominated.

Judge Raymond Kethledge from Michigan balances courtroom with solitude and nature .
Judge Raymond M. Kethledge from Michigan is among the least known of President Trump's final four candidates for the Supreme Court, and that could become an advantage in the confirmation process. Kethledge is a solid conservative and a Washington outsider. He likes to fish and hunt, and he says he does much of his work in a barn office in northern Michigan which has no internet connection and is heated only by a wood stove.The 51-year old judge is co-author of a new book, "Lead Yourself First," that focuses on the value of solitude and meditation.

Source: http://us.pressfrom.com/news/politics/-163107-conservatives-see-kethledge-as-gorsuch-2-0/

—   Share news in the SOC. Networks

Topical videos:

This is interesting!