Just downloaded "The Most Dangerous Branch," the new book by David Kaplan on the Supreme Court. I'm not familiar w/ Kaplan, and the book is filled with his own views of the best way to run SCOTUS that I'll ignore, but I'll tweet any interesting inside gossip re the Court here.
You can get the book here, btw. amazon.com/Most-Dangerous…
Oh, and obviously I don't know if what is reported here is true. I'm just reporting what the book says.
First up, then-Judge Gorsuch's separate concurrence criticizing the Supreme Court's Chevron decision was a big reason Gorsuch was picked for SCOTUS: It "proved decisive in clinching the nomination." Advisers told Trump it was the reason to pick him. (p42)
In coming up with his Supreme Court short-list, Trump had "exceptional bile" for Jeff Sutton because he followed Supreme Court precedent in upholding Obamacare. Sutton was "downright untouchable" because of it; Trump labeled Sutton "spineless." (p53)
Judge Luttig's ambition to be on the Supreme Court was so great that it turned off W. After Luttig didn't get the nom, he not only resigned from the CA4 but largely stopped talking to his DC legal friends & conservative Justices b/c not getting it had caused so much pain. p54
Obama wanted to name Paul Watford to fill Scalia's seat. Srinivasan was up there, but hadn't done much pro bono. Obama thought Garland was too circumspect, but was a political compromise.
(I'm up to page 77, the end of chapter 3; will tweet more later.)
Back for more. Gorsuch was "livid" at the Court, esp the Chief Justice, that they reversed him in an opinion released during his confirmation hearings. Within Trump WH, was seen as proof Roberts was a "faux conservative" trying to embarrass Gorsuch. p82-85.
But timing was an accident. Roberts liked Gorsuch, hadn't noticed the timing of the case being handed down, and was "chagrined" when timing was pointed out to him. Still, this perceived slight "rankled" Gorsuch. p86
When Trump considered pulling the Gorsuch nomination after Gorsuch said Trump's comments re judges were demoralizing, Gorsuch wouldn't budge, said he would fly home to Colorado tonight if pressure to change statement kept up. p89
"In his initial months on the Court, Gorsuch bonded only with Thomas." Said anon law clerk, Gorsuch "came here instantly willing to burn down the house to do what he was sure was right." p91
Gorsuch's law clerks "delicately" asked him if he wanted to be a "pacesetter" from the opening gun. p92
The Roberts/Gorsuch relationship got off to a rocky start when Gorsuch declined the Chief's invite to join the Justices at their 1st conference after G's confirmation. Each saw as disrespecting the other. p93
The "wisecrack around the building" was that Gorsuch unified the court b/c "just about everybody" except Thomas "couldn't stand him most of the time." p96
It drove Chief Justice Roberts "nuts" when conservatives questioned his conservatism, in Kaplan's words. In response to his name being booed at GOP convention, Roberts told a friend: "I've been a reliable conservative. Don't they realize I'm part of them?" p103
Roberts thought his vote in NFIB v. Sebelius was "rational, reasonable, and necessary to keep the Court out of the upcoming 2012 presidentlal campaign," in Kaplan's words. If both sides attacked him, though, he figured, must be doing something right. p103
