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The invaluable Amy Howe of SCOTUSBlog points us to reports that the president*'s pick for Solicitor General is a D. In addition to his role defending California's ban on same-sex marriage, Cooper also signed a brief on behalf of the federal government supporting Bob Jones University in its challenge to the constitutionality of an Internal Revenue Service policy denying tax exemptions to religious institutions that discriminate based on race.

Like Sessions, Cooper could prove to be a controversial pick.

I would make the Toby Ziegler Bet that this is one of the staffing decisions that he's subcontracted out to Heritage and/or the Federalist Society.

And that brings the conservative philosophy of back into play.

In 1970, the IRS stripped the tax exemption from universities that practiced racial discrimination on any grounds whatsoever.