In a letter to former Senate Judiciary Committee Chairman Chuck Grassley, then-White House Counsel Don McGahn wrote, “We have spent nearly two years attempting to engage constructively with the Senators regarding the growing number of judicial vacancies tied to California.” McGahn continued, “In fact, we have made more attempts to consult and devoted more time to that state than any other in the country.”

It was at this time that Senator Feinstein made known that—contrary to press reports—she would be willing to agree to a judges deal that included Lucy Koh (a current district judge in California and one of President Obama’s nominees to the Ninth Circuit), James Rogan (a current California Superior Court judge), and a third nominee of the White House’s choosing. This is very similar to the deal that the White House reportedly is considering currently, which would include one nominee chosen by the senators, one by the White House, and a third “consensus” nominee.

This begs the question: why in the world would the White House agree to such a deal?