Judge Brett Kavanaugh

October 4, 2018|Alexis de Tocqueville, Aristotle, Edmund Burke, James Wilson, Judge Brett Kavanaugh, Judicial Temperament

Kavanaugh’s Way: A Response to Greg Weiner

by Geoffrey Vaughan|

WASHINGTON, DC - SEPTEMBER 27: Judge Brett Kavanaugh testifies to the Senate Judiciary Committee. (Win McNamee/Getty Images)

Lifting the presumption of innocence leaves each of us on a knife’s edge, as it has Judge Kavanaugh.

September 25, 2018|Christine Brasley Ford, Constitutional Law, Egalitarianism, gender, Judge Brett Kavanaugh, Progressives, Whittaker Chambers

For Judge Kavanaugh, It Must Be V For Victory

by Richard M. Reinsch II|

WASHINGTON, DC: Supreme Court nominee Judge Brett Kavanaugh testifies before the Senate Judiciary Committee. (Photo by Chip Somodevilla/Getty Images)

If Kavanaugh’s nomination fails, then we enter the process of interminable regime decay.

July 23, 2018|Chief Justice John Marshall, Inspector Javert, Judge Brett Kavanaugh, Judicial nomination, Morrison v. Olson, Recusal, Robert Mueller, U.S. Constitution

It Is a Constitution Judge Kavanaugh Is Expounding

by Greg Weiner|

Demanding that Kavanaugh recuse himself from any Supreme Court rulings on the Mueller investigation is silly.

July 10, 2018|Consumer Financial Protection Bureau, Judge Brett Kavanaugh, Prosecutorial Discretion

And the nominee is . . . Judge Kavanaugh

by Mike Rappaport|

Judge Brett M. Kavanaugh (Image: U.S. Court of Appeals).

Judge Brett M. Kavanaugh has many years on the bench and has demonstrated himself to be a smart originalist.

July 3, 2018|Executive Power, Executive Privilege, Independent Counsel, Judge Brett Kavanaugh, Robert Mueller, Supreme Court

A Future Justice Kavanaugh and Executive Privilege

by Derek Muller|

Brett Kavanaugh testifies at a Senate Judiciary Committee hearing. (Chris Maddaloni/Roll Call/Getty Images)

Media reports on Kavanaugh’s views on executive power too quickly assume he would shield the executive branch during criminal investigations.

June 12, 2017|Chevron deference, Judge Brett Kavanaugh, United States Telecom Association v. Federal Communications Commission

Cabining the Chevron Doctrine the Kavanaugh Way

by Jeffrey Pojanowski|

Last month, the United States Court of Appeals for the D.C. Circuit declined to reconsider its approval of the Federal Communications Commission’s “net neutrality” regulations. These rules, unsuccessfully challenged by telecommunications and other Internet providers, marked a reversal of course by the commission, which had previously applied a light touch when it came to regulation of the Internet.

Arguments about the wisdom of net neutrality and the FCC’s jurisdiction to regulate in this area are complex and fascinating matters I leave to more expert commentators. Judge Brett Kavanaugh’s thoughtful dissent from the decision in United States Telecom Association v. Federal Communications Commission, however, raises an important question that cuts across administrative law as a whole: When, if it all, should a reviewing court defer to executive branch agencies’ legal interpretations that implicate “major” questions of social and economic policy?

February 23, 2012|Ben Wittes, Chris DeMuth, Judge Brett Kavanaugh, Rick Hills, The Upside-Down Constitution

The Release of Michael Greve’s “The Upside-Down Constitution”

by Michael S. Greve|

Yesterday, The Upside-Down Constitution was officially introduced to the masses. AEI's roll-out event, co-sponsored by the Federalist Society, featured (in addition to yours truly) Chris DeMuth, Rick Hills, and Ben Wittes in a lively panel discussion moderated by Judge Brett Kavanaugh. Highlights include Chris’s discussion of “Originalism 2.0”, and Ben Wittes’ analogy to an angry feminist (both available on the AEI event page (link no longer available)). You can watch the entire discussion here, or, if you’d rather, read my opening remarks.

A Mirror of the 20th-Century Congress

by Joseph Postell

Wright undermined the very basis of his local popularity—the decentralized nature of the House—by supporting reforms that gave power to the party leaders.

The Graces of Flannery O'Connor

by Henry T. Edmondson III

O'Connor's correspondence is a goldmine of piercing insight and startling reflections on everything from literature to philosophy to raising peacocks.

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