Good Dig

Will: Look, it may or may not. It's hard to know what's good for your chances of being in the next partof vacancy. Reinhardt did not get himself on the shortlist for the Supreme Court by being Reinhardt or Gregerson. It's the opposite. It's more like, “Well, if this is the job I'm going to have for life, I may as well try to make the job as [laughs] interesting and fun as possible.” So I'm just saying, Unikowsky purports to, at least in his newsletter, say, like, it's a theory. It's just note that when Reinhardt had theory, we all thought it was very bad, and now there's a similar kind of structural theory going on in the Fifth Circuit. You could say, “Well, it's different because Reinhardt was doing it in the service of evil, and Judge [unintelligible was doing it in service of good.
Will: I guess then it should be disclosed. That's the rule for all gifts, I assume [unintelligible .
Will: Yeah. My prediction is that that's what the Supreme Court will do and that it may well be that over time, all the circuits then, on their own, coalesce around that minority opinion, especially if it's by Justice Kavanaugh, Chief Justice Roberts. Everybody knows the writing on the wall, the [unintelligible .
Dan: And they're told because of their race, “Sorry, no vacancies,” and then they're telling white applicants, “Yes, there are vacancies.” That person has standing. But is this like that-- Is this person actually experiencing discrimination or is this person just having no actual injury? All they're doing is getting information.