Kavanaugh for the Court

Kavanaugh for the Court

President Trump kept everyone guessing to the end about his Supreme Court selection Monday, but in nominating Brett Kavanaugh he also kept his promise to select a Justice “who will faithfully interpret the Constitution as written.” Judge Kavanaugh has an exemplary record that suggests he will help to restore the Supreme Court to its proper, more modest role in American politics and society. Mr. Trump stressed the 53-year-old Judge Kavanaugh’s legal credentials Monday evening, and well he should. In 12 years on the D.C. Circuit Court of Appeals, he has written more than 300 opinions that span nearly every significant constitutional issue including the separation of powers and federalism. The Supreme Court has adopted the logic of 11 of his opinions in whole or part. He has the experience and intellect to be a leader on the Court, not merely a predictable vote on this or that issue. In particular, Judge Kavanaugh is among a younger generation of judges who base their rulings on the text of the Constitution and Congressional statute. This method comes through clearly in many opinions, including a case (Heller v. D.C.) in which he rejected a balancing test for gun laws and said the Second Amendment requires an originalist historical inquiry. Judge Kavanaugh has also been a leader on the appellate courts in challenging the Chevron doctrine of judicial deference to regulators. In U.S. Telecom Assn. v. FCC (2017) he concluded that the Obama Administration’s net neutrality rules flouted telecom law. He’s also held […]

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