Last week, I wrote at length about an ostensibly minor but actually quite major kerfuffle that showcases the tension at the heart of the modern “legal conservative movement.”
Sen. Josh Hawley (R-MO), the baby-faced, intellectually gifted former U.S. Supreme Court clerk and Missouri Attorney General who serves as a freshman senator from the Show-Me State, had the chutzpah to ask some questions pertaining to the faux, atextual constitutional doctrine of “substantive due process.” His questions were directed at Neomi Rao, President Trump’s nominee to replace now-Justice Brett Kavanaugh on the powerful U.S. Court of Appeals for the D.C. Circuit. Hawley’s questions were rooted at trying to dig deeper into what is, charitably, a less-than-wholly-persuasive paper trail with regard to Rao’s beliefs on culture war-centric jurisprudential issues.
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