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The Latest: Monday opinion raises speculation for Kavanaugh

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A D. C. Circuit Court of Appeals’ 2-1 opinion issued Monday is raising speculation that Judge Brett Kavanaugh is President Donald Trump’s Supreme Court nominee.
The Latest on President Donald Trump’s nomination of a Supreme Court justice (all times local):
6:25 p.m.
Is there a Supreme Court sign in these tea leaves?
A D. C. Circuit Court of Appeals’ 2-1 opinion issued Monday is raising speculation that Judge Brett Kavanaugh is President Donald Trump’s Supreme Court nominee.
Here’s why: Kavanaugh’s court rarely issues opinions on Monday. But if Kavanaugh is Trump’s choice, he likely would step away from pending cases. In the case decided Monday that had to do with attorneys’ fees, there would be no majority if Kavanaugh were to withdraw.
Trump is set to announce his choice Monday night.
Mike Sacks, a reporter for the Fox television affiliate in New York and a self-described lapsed lawyer, was among the first to make the connection on Twitter.
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4:35 p.m.
Three Democratic senators sure to face tremendous pressure over whether to back President Donald Trump’s Supreme Court nominee have been invited to Monday’s White House announcement of the pick. But Indiana’s Joe Donnelly, North Dakota’s Heidi Heitkamp and West Virginia’s Joe Manchin all say they won’t attend.
All face tough re-election races this November in states Trump won easily in 2016.
All three states lean heavily Republican. But nearly all Senate Democrats and many Democratic voters are expected to oppose Trump’s nominee. They say the person would likely take strongly conservative views on issues like abortion and health care.
The White House would love to have the Democrats’ votes for confirmation. Issuing the invitations makes the lawmakers choose between humoring voters who think they should be bipartisan and others who feel they shouldn’t condone Trump’s pick.
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4:10 p.m.
Sen. John Cornyn of Texas says Republicans know they’re in for a contentious battle to confirm President Donald Trump’s nominee to serve on the Supreme Court, but “won’t back down from the fight.”
Cornyn, the No. 2 Republican in the Senate, says it’s “extremely disappointing” that some Democrats have made clear they’ll oppose the nominee even before the president announces his choice.
Cornyn says Democrats have pledged to stop the nominee at all costs, but “we will see President Trump’s nominee confirmed on a timely basis.”
Cornyn spoke shortly after Senate Democratic Leader Chuck Schumer said any of Trump’s likely nominees poses a threat to the Affordable Care Act and a woman’s right to have an abortion.
Senators are trying to frame the debate before Trump’s 9 p.m. announcement.
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3:30 p.m.
Senate Democratic leader Chuck Schumer says a weekend move by the Trump administration to undercut the Affordable Care Act is another reason for senators to closely scrutinize the president’s Supreme Court nominee.
With little warning, the Republican administration announced it is freezing payments under an “Obamacare” program that protects insurers with sicker patients from financial losses. If the decision is made permanent, it would lead to higher premiums.
Schumer says the administration’s action highlights the stakes for senators. Trump is announcing his pick to replace retiring Justice Anthony Kennedy on Monday night.
He says, “Because President Trump has said repeatedly that he would nominate judges to overturn the ACA, the Supreme Court vacancy is only further putting health care front and center, raising the stakes for maintaining these vital health care protections.”
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1:55 p.m.
Former Sen. Jon Kyl will guide President Donald Trump’s Supreme Court nominee through the Senate confirmation process.
White House spokesman Raj Shah says the Arizona Republican “has agreed to serve as the Sherpa for the President’s nominee to the Supreme Court.”
Kyl, a former member of Republican leadership, served on the Senate Judiciary Committee before retiring from the Senate in January 2013. He works for Washington-based lobbying firm Covington & Burling.
The White House hopes Kyl’s close ties to Senate Republicans will help smooth the path for Trump’s eventual selection to win confirmation. Trump is set to announce his pick for the vacancy left by retiring Justice Anthony Kennedy at 9 p.m. Monday.
Former New Hampshire Sen. Kelly Ayotte served as the ‘sherpa’ for Justice Neil Gorsuch in 2017.
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1:15 p.m.
President Donald Trump has yet to announce his pick for Supreme Court, but Democratic Sen. Bob Casey of Pennsylvania — up for re-election — says he’ll be opposed.
Casey says the list of judges Trump has used to find a Supreme Court nominee is the “fruit of a corrupt process straight from the D. C. swamp.” He cites involvement of the conservative Heritage Foundation think tank in drafting the list.
The Democratic senator is up for re-election this year in a state Trump won in 2016. The race is not expected to be competitive.
Bob Salera, a campaign spokesman for Senate Republicans, said Casey has “given up any pretense of being a moderate voice” by opposing Trump’s nominee sight unseen.
Casey says he is “pro-life,” but regularly sides with supporters of abortion rights in Senate votes.
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10:25 a.m.
The conservative Judicial Crisis Network is set to launch a $1.4 million ad buy on behalf of President Donald Trump’s Supreme Court nominee.
Trump is expected to reveal his pick at 9 p.m. Monday. When the announcement is made, the campaign will kick off. It will feature cable and digital advertising in states including Alabama, Indiana, North Dakota and West Virginia.
The campaign will include a biographical ad about the nominee.
The group started advertising after Justice Anthony Kennedy announced his retirement. The new ad brings their total investment to $2.4 million. They will also launch a website with information on the nominee
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6 a.m.
President Donald Trump is going down to the wire as he makes his choice on a replacement for retiring Supreme Court Justice Anthony Kennedy.

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