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Before the show. but i want to talk to you about the top three scotus picks. tell me what your assessment is of brett kavanaugh who seems to be the early establishment insider frontrunner. >> i'm dicey on brett kavanaugh. he was one of the forces behind the selection of john roberts. but there are two situations where he has done less than originalists would like. he denied jurisdiction on obamacare because he said it was a tax. it's the first time anybody made the argument obamacare was a tax rather than a fine. and that's the logic that ended up being used by chief justice roberts. that came...

Before the show. but i want to talk to you about the top three scotus picks. tell me what your assessment is of brett kavanaugh who seems to be the early establishment insider frontrunner. >> i'm dicey on brett kavanaugh. he was one of the forces behind the selection of john roberts. but there are two situations where he has done less than originalists would like. he denied jurisdiction on obamacare because he said it was a tax. it's the first time anybody made the argument obamacare was a tax rather than a fine. and that's the logic that ended up being used by chief justice roberts. that came...

Because he was high and smoked before the show. but i want to talk to you about the top three scotus picks. tell me what your assessment is of brett kavanaugh who seems to be the early establishment insider frontrunner. >> i'm dicey on brett kavanaugh. he was one of the forces behind the selection of john roberts. but there are two situations where he has done less than originalists would like. he denied jurisdiction on obamacare because he said it was a tax. it's the first time anybody made the argument obamacare was a tax rather than a fine. and that's the logic that ended up being used by c...