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Orin Kerr @OrinKerr
, 7 tweets, 2 min read Read on Twitter
Over at Slate, @mjs_DC has an essay claiming that Lisa Blatt has endorsed Kavanaugh for SCOTUS because it's a business decision: She's trying to make money for her firm, Arnold & Porter, by helping A&P's client's interests. I have a few thoughts. slate.com/news-and-polit…
I find this article odd. It's argument is fundamentally about what is going through Lisa Blatt's head. But unless I'm missing something, Stern offers no direct evidence of what is going on in her head: No interviews w/her, people she has talked to, etc. /2
Instead, the argument seems to be that it would be selfishly rational (but really slimy) if this is what was going through Blatt's head. Blatt represents big companies, and if she wants a 5th vote for her corporate interests, she would want Kavanaugh. See excerpt below. /3
Because a dishonest but coldly rational Blatt could want this, the thinking is, that must be the reason Blatt is doing this. Maybe I'm missing something, but I would think this is picking the worst possible motive for something you intensely dislike and saying it is truth. /4
That doesn't seem remotely fair. Of course, that's not to question all the self-interested reasons repeat SCOTUS players have in publicly endorsing nominees very likely to be confirmed: If your job is to get 5 votes for your clients, whoever your clients are, always better /5
for the Justices to have warm and fuzzy feelings about you when they read your briefs and watch your arguments. But the weird mix of reasons why any particular person acted -- whether out of friendship, genuine respect, general interest, interest for certain clients, etc. -- /6
would seem impossible to know, at least from the public record. /end
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