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Supreme Court Justice Brett Kavanaugh urged his colleagues in a series of private memos this spring to consider avoiding decisions in major disputes over abortion and Democratic subpoenas for President Donald Trump's financial records, according to multiple sources familiar with the inner workings of the court.
In the abortion controversy, Kavanaugh wanted the justices to sidestep any ruling on the merits of a Louisiana law that could have closed abortion clinics in the state, CNN has learned. The case marked the first time in four years the justices were taking up the heated subject.
The same would have been true in the fight between Trump and the US House of Representatives. Kavanaugh's idea -- presented to the justices in an internal memo and conversations, sources said -- would have had the high court avoid the subpoena fight over Trump financial documents, based on the judicial principle that courts should stay out of cases involving fundamentally political questions.
Understanding John Roberts' surprising streak of liberal wins 03:16In their filings, the parties to the case said the high court had the authority, indeed responsibility, to decide the case. Kavanaugh's idea in the end also failed to sway the other justices, and Kavanaugh backed away from it, sources said. Had a majority gone in that direction, it could have meant avoiding votes on the highly charged battle between Trump and congressional Democrats.
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