Sign up for our daily briefing

Make your busy days simpler with Axios AM/PM. Catch up on what's new and why it matters in just 5 minutes.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Catch up on the day's biggest business stories

Subscribe to Axios Closer for insights into the day’s business news and trends and why they matter

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Stay on top of the latest market trends

Subscribe to Axios Markets for the latest market trends and economic insights. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Sports news worthy of your time

Binge on the stats and stories that drive the sports world with Axios Sports. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Tech news worthy of your time

Get our smart take on technology from the Valley and D.C. with Axios Login. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Get the inside stories

Get an insider's guide to the new White House with Axios Sneak Peek. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Denver news?

Get a daily digest of the most important stories affecting your hometown with Axios Denver

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Des Moines news?

Get a daily digest of the most important stories affecting your hometown with Axios Des Moines

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Twin Cities news?

Get a daily digest of the most important stories affecting your hometown with Axios Twin Cities

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Tampa Bay news?

Get a daily digest of the most important stories affecting your hometown with Axios Tampa Bay

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Charlotte news?

Get a daily digest of the most important stories affecting your hometown with Axios Charlotte

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Photo: Zach Gibson/Getty Images

A new obstacle has emerged in the path to Neomi Rao replacing Brett Kavanaugh on the powerful D.C. Circuit Court.

The state of play: A source close to the White House confirmation process told me that Republican Sen. Josh Hawley has "deep concerns" about Rao's judicial philosophy and has raised these concerns with a number of key figures including Senate Majority Leader Mitch McConnell and White House Counsel Pat Cipollone.

Why it matters: The D.C. Circuit feeds judges to the Supreme Court — raising the stakes of Rao's confirmation. She's already had a bumpy ride. Hawley isn't the only Republican senator to register concern about Rao, and in this polarized environment she can't afford to lose many others when the Senate votes on her soon. Sen. Joni Ernst (R-Iowa) said during Rao's committee hearing that Rao's 1990s writings on date rape "do give me pause."

What we're hearing: I checked with Hawley and he confirmed what I was told about him. He elaborated on his concerns in a phone interview on Sunday. "I am only going to support nominees who have a strong record on life," Hawley told me.

  • "To me, that means ... someone whose record indicates that they have respect for what the Supreme Court itself has called the interests of the unborn child; someone whose record indicates they will protect the ability of states and local governments to protect the interests of the unborn child to the maximum extent ... and number three somebody who will not extend the doctrines of Roe v. Wade and Casey, which I believe are deeply incompatible with the constitution."
  • Hawley said he'd read Rao's academic work and was concerned that some of her writings suggested to him that she might be comfortable with "substantive due process" — a legal interpretation, loathed by many conservatives, that can be used to protect rights, such as the right to an abortion, that aren't mentioned in the Constitution.
  • Hawley told me that if there's evidence out there that Rao opposes substantive due process he'd like to see it.
  • After Axios published the Sneak Peek newsletter on Sunday, another Republican senator reached out to say they had concerns about Rao's judicial philosophy and views on abortion.

Hawley added: "I have heard directly from at least one individual who said Rao personally told them she was pro-choice. I don't know whether that’s accurate, but this is why we are doing our due diligence."

Behind the scenes: Marjorie Dannenfelser, the president of Susan B. Anthony List, a pro-life group, also raised concerns about Rao with the White House. But Dannenfelser told me on Sunday she's no longer concerned about Rao, at least so far as her appointment on the D.C. Circuit.

The other side: Word spread around some conservative movement figures that Axios was working on this story about Rao. 

  • Carrie Severino, chief counsel at the Judicial Crisis Network, a group that spends millions on Republican Supreme Court confirmations, blasted Hawley in an unsolicited statement:
“Neomi Rao is President Trump’s nominee to the second highest court in the land because she is committed to the Constitution and because she has been a warrior in President Trump’s fight against government overreach.  Sadly, barely a month after moving to Washington, Josh Hawley is already acting like Claire McCaskill when it comes to judges. Instead of supporting President Trump's top judicial nominee, he is spreading the very same kind of rumors and innuendo and character assassination that Republican leaders fought during Justice Kavanaugh’s confirmation.  Hawley could be working to confirm her and other extraordinary nominees, but it seems he’d rather be making headlines.”
  • Americans for Prosperity plans to ramp up its grassroots and digital advertising efforts this week urging the Senate to support Rao. AFP President Tim Phillips called Rao "fair, impartial, extremely qualified," adding that she has the group's "full support."
  • And a Rao ally who is familiar with the process told me he disagreed vehemently with Hawley's interpretation of Rao's academic work. He said there's no evidence she supports substantive due process and "some of her writings describe the problems that other people have pointed out with that doctrine."
  • "One final thing," the source said. "Any U.S. senator who is running on the legacy of Ronald Reagan ought not to be using any political or social policy litmus tests for whether they're going to vote for a judge."

Go deeper: Trump's pick for Kavanaugh replacement grilled over controversial op-eds

Go deeper

Read: Former Vice President Walter Mondale's last message

Photo courtesy of Mondale.

Former Vice President Walter Mondale wrote a farewell letter to his staff, sent upon his death on Monday, thanking them for years working together.

Dear Team,

Well my time has come. I am eager to rejoin Joan and Eleanor. Before I Go I wanted to let you know how much you mean to me. Never has a public servant had a better group of people working at their side!

Together we have accomplished so much and I know you will keep up the good fight.

Joe in the White House certainly helps.

I always knew it would be okay if I arrived some place and was greeted by one of you!

My best to all of you!

Fritz

Former Vice President Walter Mondale dies at 93

Walter Mondale, left, with former President Jimmy Carter in Jan. 2018 at the McNamara Alumni Center on the University of Minnesota's campus in Minneapolis. Photo: Anthony Souffle/Star Tribune via Getty Images

Walter Mondale, who transformed the role of U.S. vice president while serving under Jimmy Carter and was the Democratic nominee for president in 1984, died Monday at 93, according to a family spokesperson.

The big picture: President Biden, who was mentored by Mondale through the years, said in 2015 that the former vice president gave him a "roadmap" to successfully take on the job.

Scoop: U.S. ambassador refuses Kremlin push to leave Russia

U.S. Ambassador to Russia John Sullivan. Photo: Anton Novoderezhkin/TASS via Getty Images

The United States ambassador to Russia is refusing to leave the country after the Kremlin "advised" him to return home following new Biden administration sanctions, two sources briefed on the situation tell Axios.

Why it matters: John Sullivan, a respected diplomat who President Biden has, so far, retained from the Trump era, is at the center of one of the most important early tests of Biden's resolve.