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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.
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.
The article goes on to state the following:
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.
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.”
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