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What Is Brett Kavanaugh's Background

Brett Kavanaugh

Image of Brett Kavanaugh

Supreme Court of the United States

Tenure

2018 - Present

Years in position

3

Prior offices

United States Court of Appeals for the Commune of Columbia Excursion


Pedagogy

Personal

Brett Kavanaugh is an associate justice of the Supreme Court of the Usa. He was nominated to the Court by President Donald Trump (R) on July 9, 2018, to fill the seat left vacant by Anthony Kennedy. He was confirmed past the Senate and sworn into office on October half-dozen, 2018.[one]

Kavanaugh began his legal career by clerking for three federal judges, including Supreme Court Justice Anthony Kennedy. Kavanaugh worked in the office of U.S. Solicitor General Kenneth Starr and was a primary author of the Starr Report on potentially impeachable acts by President Pecker Clinton (D).[2]

He also worked as counsel to President George West. Bush-league (R). Kavanaugh was nominated by Bush and confirmed to the U.s. Court of Appeals for the District of Columbia Circuit in 2003.

Kavanaugh's notable opinions include his dissenting opinion in Garza 5. Hargan on ballgame access for an undocumented 17-year-former immigrant and his concurring opinion in Klayman v. Obama on regime data collection.

Professional career

  • 2018-Nowadays: Associate justice, U.Southward. Supreme Court
  • 2006-2018: Judge, The states Court of Appeals for the Commune of Columbia Excursion
  • 2003-2006: Assistant to President George West. Bush (R) and staff secretary
  • 2001-2003: Acquaintance counsel for the Executive Co-operative
  • 1998: Associate counsel, Part of Independent Counsel
  • 1994-1997: General counsel, Judiciary Branch
  • 1993-1994: Police clerk, U.Southward. Supreme Courtroom Justice Anthony One thousand. Kennedy
  • 1992-1993: Staff attorney, U.S. Office of the Solicitor Full general
  • 1991-1992: Constabulary clerk, Ninth Circuit Court of Appeals Gauge Alex Kozinski
  • 1990-1991: Law clerk, 3rd Circuit Court of Appeals Judge Walter Stapleton[3]

Kavanaugh was a clerk to former Supreme Court Justice Anthony Kennedy, Judge Alex Kozinski of the Ninth Circuit, and Judge Walter Stapleton of the 3rd Circuit. He too worked on a one-year fellowship in the Function of the Solicitor Full general of the United States under Kenneth Starr. During that time, he worked on the Whitewater Investigation.

Kavanaugh was also a partner at the law house of Kirkland & Ellis and served every bit an associate counsel in the Office of Independent Counsel.[4]

Later on George W. Bush (R) was elected as president, Kavanaugh was senior acquaintance counsel and acquaintance counsel to the president and then served as banana to the president and staff secretary. Kavanaugh was serving in this office when Bush nominated him to the D.C. Circuit, and he was sworn in June 1, 2006.

Early life and education

Born in Washington, D.C., Kavanaugh attended Georgetown Preparatory Schoolhouse. He graduated from Yale College with his bachelor's degree in 1987 and from Yale Police force School with his J.D. in 1990.[3]

Approach to the law

In a 2017 voice communication earlier the American Enterprise Institute on sometime Primary Justice William Rehnquist, Kavanaugh said, "[a]south I see it, the Constitution is primarily a document of majestic specificity, and those specific words have significant. Absent-minded constitutional subpoena, those words continue to demark us as judges, legislators, and executive officials."[five]

Oyez, a law project created past Cornell's Legal Information Institute, Justia, and Chicago-Kent Higher of Law, identified Kavanaugh as a member of the court's conservative bloc. It said that while on the D.C. Excursion, Kavanaugh "predictably established a conservative rail record on a range of hot-push issues."[half dozen]

At SCOTUSBlog, Adam Feldman wrote in July 2020 that "Although conservatives might accept envisioned Kavanaugh's arrival at the courtroom – replacing the more moderate Kennedy – as probable to solidify a strong right wing on the court, this has non been conspicuously the case. [John] Roberts and Kavanaugh have both been frequent members of the courtroom's majority in each of the past 2 terms, with Roberts in the majority appreciably more this term (97%) than last (85%), and Kavanaugh at 93% this term compared to 88% concluding term."[vii]

Martin-Quinn score

Kavanaugh'southward Martin-Quinn score following the 2020-2021 term was 0.55, making him the 5th-most conservative justice on the courtroom at that time. Martin-Quinn scores were developed past political scientists Andrew Martin and Kevin Quinn from the University of Michigan, and measure out the justices of the Supreme Court along an ideological continuum. The farther from zero on the scale, the more conservative (>0) or liberal (<0) the justice. The chart below details every justice's Martin-Quinn score for the 2020-2021 term.

Video word

Kavanaugh spoke at The Heritage Foundation in Oct 2017 about his White House experience, life as a federal judge, and his approach to the Constitution. The video of that outcome is embedded below.

Views on the administrative country

Separation of powers and Chevron deference

The New Civil Liberties Alliance (NCLA), a public interest law firm that, co-ordinate to its website, aims at protecting what it calls "ramble liberties from systemic threats, primarily the administrative state," published an assessment of potential replacements for Justice Anthony Kennedy based on how each of them approached questions about the administrative state.[eight] [ix]

Its assessment held that Kavanaugh would oppose attempts past administrative agencies to consolidate legislative, executive and judicial powers into the same hands.[8] Kavanaugh had raised concerns virtually potential conflicts between the operations of the administrative state and the principle of separation of powers:[8]

"
In his 12 years sitting on the D.C. Circuit Courtroom of Appeals, Kavanaugh has developed a consequent, albeit nuanced, arroyo to adjudicating matters related to the authoritative state. Kavanaugh believes agencies cannot regulate outside the boundaries of their statutory potency under any circumstance. Independent agencies pose pregnant constitutional challenges—Judge Kavanaugh has described them every bit a "headless fourth branch of the U.Due south. Authorities." Kavanaugh has warned that since independent agencies exercise "massive power [in] the absence of Presidential supervision and direction, independent agencies pose a significant threat to individual liberty and to the constitutional system of checks and balances." Courts should exist wary of regulation adopted by contained agencies because there is a problem of accountability, given the President's inability to supervise their activities. Kavanaugh has suggested that the judiciary is at least partly to arraign for the growing concentration of ability in independent agencies. Courts accept served equally enablers to Congress' unconstitutional transfer of its legislative authority to the executive branch.[ten]
"

Kavanaugh had a record of examining the practise of Chevron deference, an administrative constabulary principle that compels federal courts to defer to a federal agency's interpretation of an ambiguous or unclear statute that Congress delegated to the agency to administer:[viii]

"

Judge Kavanaugh notes that "ambiguity-dependent canons" such as Chevron raise particular business because "the doctrine is so indeterminate—and thus can be antithetical to the neutral, impartial rule of police—because of the initial clarity versus ambiguity decision." He has too expressed business concern with Chevron because the doctrine "has no ground in the Administrative Procedure Act." Because Chevron is "an atextual invention by courts," Kavanaugh asserts that Chevron deference "is nothing more than than a judicially orchestrated shift of ability from Congress to the Executive Branch."

Moreover, Judge Kavanaugh's experience in the White Business firm has led him to observe additional practical political issues with Chevron. Chevron encourages the Executive Branch—regardless of the person or party in command—to be "extremely ambitious" in trying to accelerate policy through agency activity. Kavanaugh sees the Supreme Courtroom's King 5. Burwell decision as a limitation on Chevron'southward deference authorities though, removing from its ambit the class of cases that pose "question[southward] of deep economic and political significance." To Kavanaugh, Burwell begs the question: if the major rules doctrine requires a courtroom not to apply Chevron, why should Chevron utilize to cases involving less major questions? [...]

Judge Kavanaugh has non been a crusader looking for an alibi to overturn Chevron on the D.C. Circuit. In fact, he has said that applying "Chevron makes a lot of sense in certain circumstances." Kavanaugh believes that when "Congress delegates the decision to an executive co-operative agency that makes the policy decision … that the courts should stay out of it for the well-nigh part." His principal concern with Chevron is non that courts should never defer to agencies, it is that the doctrine is often incorrectly applied to defer to agencies in circumstances that take petty to do with the reasonableness of agencies' expressly delegated policy decisions.[10]

"

Auer deference

Kavanaugh discussed his opposition to Auer deference during a keynote address at George Mason University Law School in June 2016. His remarks featured a summary of former Supreme Courtroom Justice Antonin Scalia's dissent in Decker v. Northwest Environmental Defense Eye, which argued against Auer deference on the grounds that it violates the separation of powers. Kavanaugh himself went on to predict that Auer deference would eventually exist overruled:[eleven]

" Decker, equally [Justice Scalia] explained, Auer violates a fundamental principle of separation of powers: that the power to write a law and the power to interpret it cannot residual in the same hands. Justice Scalia pointedly noted that Auer was not a logical corollary to Chevron, but a dangerous permission sideslip for the arrogation of power. In the terminate Justice Scalia said that Auer 'contravenes 1 of the great rules of separation of powers, he who writes a law must not adjudge its violation.' On the law, Justice Scalia explained that Auer is one big, unexplained, unjustified ipse dixit, and there could be no doubt, he pointed out that it has huge applied consequences for individual freedom when the law writer is too the law interpreter. In short, I predict that Auer volition someday be overruled and that Justice Scalia's dissent in Decker will exist the constabulary of the land.[10] "

Judicial nominations and appointments

The states Supreme Court (2018 - present)

See besides: Nomination of Brett Kavanaugh to the U.Southward. Supreme Court
See as well: Supreme Courtroom vacancy, 2018: An overview
Nomination Tracker

Fedbadgesmall.png

Nominee Data
Name: Brett M. Kavanaugh
Courtroom: Supreme Courtroom of the United states
Progress
Confirmed 88 days after nomination.
Approved ANominated: July 10, 2018
Approved AABA Rating: Unanimously Well Qualified
Questionnaire: Questionnaire
Approved AHearing: September 4-7, 2018, September 27, 2018
QFRs: (Hover over QFRs to read more than)
Approved AReported: September 28, 2018
Approved AConfirmed: October 6, 2018
Approved AVote: 50-48

On July ix, President Donald Trump nominated Brett Kavanaugh to succeed Associate Justice Anthony Kennedy on the U.S. Supreme Court. Trump said regarding the nomination:

" Estimate Kavanaugh has impeccable credentials, unsurpassed qualifications, and a proven commitment to equal justice under the law. A graduate of Yale College and Yale Law schoolhouse, Judge Kavanaugh currently teaches at Harvard, Yale, and Georgetown. Throughout legal circles, he is considered a guess's judge, a true idea leader amid his peers. He is a brilliant jurist with a articulate and effective writing style, universally regarded every bit one of the finest and sharpest legal minds of our time. And just similar justice Gorsuch, he excelled as a clerk for Justice Kennedy.[12] [x] "


The American Bar Association rated Kavanaugh Unanimously Well Qualified for the nomination.[13] The Senate Judiciary Committee held hearings on Kavanaugh'south nomination from September 4 to September 7 and again September 27.[14] Click hither for more information virtually the hearings.

The U.S. Senate confirmed Kavanaugh'south nomination Oct half-dozen on a recorded vote of 50-48-1.[xiv] Click here for more information about Kavanaugh's nomination and confirmation.

Kavanaugh stopped hearing cases or issuing opinions on the D.C. Circuit while his confirmation was pending.[xv]

On June 27, 2018, Justice Anthony Kennedy announced he was retiring from the U.S. Supreme Court effective July 31, 2018. In an official release, Kennedy cited a desire to spend more time with his family equally the reason for his retirement.[xvi] Kennedy was considered by many to be the court's swing vote, often casting the deciding vote between the court's more conservative and liberal members.

Kavanaugh issued the statement below after President Trump announced his nomination on July 9, 2018.[17]

Mr. President, cheers. Throughout this process, I have witnessed firsthand your appreciation for the vital role of the American judiciary. No president has always consulted more widely or talked with more people from more than backgrounds to seek input nearly a Supreme Court nomination. Mr. President, I am grateful to y'all and I am humbled by your confidence in me. Xxx years agone, President Reagan nominated Anthony Kennedy to the Supreme Court. The framers established that the constitution is designed to secure the blessings of liberty. Justice Kennedy devoted his career to securing freedom. I am deeply honored to be nominated to fill his seat on the Supreme Court.

My mom and dad are hither. I am their but child. When people inquire what information technology's like to exist an merely child, I say it depends on who your parents are. I was lucky. My mom was a teacher. In the 1960's and 70's, she taught history at 2 largely African-American public high schools in Washington DC. – McKinley Tech and H.D. Woodson. Her example taught me the importance of equality for all Americans. My mom was a trailblazer. When I was 10, she went to law school and became a prosecutor. My introduction to law came at our dinner table when she expert her closing arguments. Her trademark line was, "utilise your mutual sense, what rings true, what rings faux." That'due south good advice for a juror and for a son. One of the few women prosecutors at that fourth dimension, she overcame barriers and became a trial judge. The president introduced me tonight equally Estimate Kavanaugh. Merely to me, that title will always vest to my mom. My dad went to law school at night while working full-time. He has an unparalleled work ethic and has passed down to me his passion for playing, and watching, sports. I dearest him dearly.

The motto of my Jesuit high school was, "Men for Others." I've tried to live that creed. I spent my career in public service from the executive branch in the White House to the U.S. court of appeals for the D.C. circuit. I've served with 17 other judges, each of them, a colleague and a friend. My judicial philosophy is straightforward. A judge must be independent and must translate the law, not make the police. A gauge must translate statutes as written and a judge must interpret the constitution as written, informed by history and tradition, and precedent.

For the past 11 years, I've taught hundreds of students, primarily at Harvard police school. I teach that the Constitution's separation of powers protects individual liberty and I remain grateful to the dean who hired me – Justice Elena Kagan. As a judge, I hire four law clerks each year. I look for the all-time. My law clerks come from various backgrounds and points of view. I am proud that a majority of my law clerks accept been women. I am part of the vibrant Catholic community in the D.C. area. The members of that customs disagree virtually many things, but nosotros are united by a commitment to serve. Begetter John Enzler is here. Forty years ago, I was an altar boy for Father John. These days, I assist him serve meals to the homeless at Cosmic charities.

I have two spirited daughters. Margaret and Liza. Margaret loves sports and she loves to read. Liza loves sports and she loves to talk. I take tried to create bonds with my daughters similar my dad created with me. For the past seven years, I take coached my daughter's basketball teams. The girls on the squad call me Coach K. I am proud of our Blest Sacrament team that just won the city championship.

My daughters and I also become to lots of games. Our favorite memory was going to the historic Notre Matriarch-UConn women'south basketball game at this year's Final Iv. Unforgettable. My wife Ashley is a w Texan, a graduate of Abilene Cooper public high school and the University of Texas. She is now the town manager of our community. We met in 2001 when we both worked in the White House. Our first date was on September 10, 2001. The next morning, I was a few steps behind her equally the secret service shouted at all of united states of america to sprint out the front end gates of the White House because there was an inbound airplane. In the hard weeks that followed, Ashley was a source of force for President Bush and for everyone in this building. Through bad days and then many better days, since then, she has been a bully wife and inspiring mom. I give thanks God every twenty-four hour period for my family unit.

Tomorrow I begin coming together with members of the Senate which plays an essential role in this process. I will tell each Senator that I revere the constitution. I believe that an contained judiciary is the crown precious stone of our ramble democracy. If confirmed by the Senate, I will keep an open mind in every case and I will always strive to preserve the constitution of the United States and the American dominion of law. Thanks, Mr. President.

District of Columbia Courtroom of Appeals (2006-2018)

On the recommendation of the Congressional Delegation for the District of Columbia, President George W. Bush (R) nominated Kavanaugh to the U.s.a. Court of Appeals for the Commune of Columbia Circuit on February 25, 2006, to a seat vacated by Laurence Silberman as Silberman causeless senior status. The U.South. Senate confirmed Kavanaugh past a vote of 57-36 on May 26, 2006. He received commission on May 29. L-three Republicans and four Democrats voted "yea," and seven members did non vote. Of the Democrats voting in favor, but Tom Carper (Del.) was still in the Senate as of July ix, 2018.[18]

Click here to read the transcript of Kavanaugh's 2006 confirmation hearings.

Supreme Court statistics

Opinions by year

Beneath is a tabular array of the number of opinions, concurrences, and dissents that Kavanaugh has issued since joining the Supreme Courtroom according to the annual Stat Pack produced by the website SCOTUSBlog. This data is updated annually at the end of each term.

Opinions written past year, Brett Kavanaugh
2018 2019 2020
Opinions seven 6 6
Concurrences 5 5 vii
Dissents two 3 2
Totals 14 14 15

Justice agreement

In the 2020 term, Kavanaugh had the highest understanding rate with John Roberts. Kavanaugh had the highest disagreement charge per unit with Sonia Sotomayor.[19] In the 2019 term, Kavanaugh agreed in full, part, or judgement only the well-nigh ofttimes with John Roberts. He disagreed most oftentimes with Sonia Sotomayor.[20]

The table below highlights Kavanaugh's agreement and disagreement rates with each justice on the court during this term.

Brett Kavanaugh understanding charge per unit, 2018 - Nowadays
2018 term 2019 term 2020 term
Justice Agreement rate Disagreement rate Agreement rate Disagreement rate Agreement rate[21] Disagreement rate
John Roberts 94% 6% 93% 7% 94% vi%
Clarence Thomas 80% 20% 78% 22% 78% 22%
Ruth Bader Ginsburg 63% 37% 67% 33% N/A N/A
Stephen Breyer 70% 30% 70% 30% 73% 27%
Samuel Alito 91% 9% 80% 20% 86% fourteen%
Sonia Sotomayor 64% 36% 65% 35% 66% 34%
Elena Kagan seventy% 30% 71% 29% 72% 28%
Neil Gorsuch seventy% 30% 88% 12% 87% 13%
Amy Coney Barrett N/A N/A N/A N/A 91% 9%

Frequency in majority

In the 2020 term, Kavanaugh was in the bulk in 97 percent of decisions. He was in the majority more often than all of the other eight justices.[22] In the 2019 term, Kavanaugh was in the majority in 93 pct of decisions. He was in the bulk more than frequently than 7 of the other eight justices and less than the chief justice.[23]

Across those terms, Kavanaugh has been in the majority for 93 pct of all cases.

Noteworthy cases

See as well: Noteworthy cases heard past electric current justices on the U.Southward. Supreme Court

The noteworthy cases listed in this section include any example where the justice authored a five-4 majority opinion or an 8-1 dissent. Other cases may be included in this conclusion if they set or overturn an established legal precedent, are a major point of discussion in an election campaign, receive substantial media attention related to the justice's ruling, or based on our editorial judgment that the example is noteworthy. For more on how we decide which cases are noteworthy, click here.


Since he joined the court through the 2020 term, Kavanaugh authored the majority opinion in a five-4 decision seven times and had not authored a dissent in an 8-ane decision. The table below details these cases by year.

Brett Kavanaugh noteworthy cases
Year five-4 majority opinion 8-1 dissenting stance
Total 7 0
2020 1 0
2019 four 0
2018 two 0

Supreme Court opinions

Standing in class-action lawsuits (2021)

See likewise: TransUnion LLC v. Ramirez

Kavanaugh authored a five-four majority stance in TransUnion LLC v. Ramirez, holding that members of the class-action lawsuit whose credit files were non provided to third-party businesses did not suffer a concrete damage from TransUnion'south actions and therefore lacked standing to sue under Article Three. Kavanaugh was joined in the majority by Justices Chief Justice John Grand. Roberts, Samuel Alito, Neil Gorsuch, and Amy Coney Barrett.[24]

" To have Article III standing to sue in federal court, plaintiffs must demonstrate, amid other things, that they suffered a concrete impairment. No concrete harm, no standing. Central to assessing concreteness is whether the asserted harm has a "shut human relationship" to a harm traditionally recognized as providing a basis for a lawsuit in American courts—such as physical harm, monetary harm, or various intangible harms including (as relevant here) reputational harm. Spokeo, Inc. 5. Robins, 578 U. S. 330, 340–341 (2016).


In this case, a course of 8,185 individuals sued TransUnion, a credit reporting bureau, in federal court nether the Fair Credit Reporting Act. The plaintiffs claimed that TransUnion failed to utilize reasonable procedures to ensure the accuracy of their credit files, as maintained internally by TransUnion. For ane,853 of the class members, TransUnion provided misleading credit reports to third-party businesses. We conclude that those 1,853 class members have demonstrated concrete reputational harm and thus accept Article Iii standing to sue on the reasonable-procedures claim. The internal credit files of the other six,332 course members were not provided to 3rd-party businesses during the relevant time period. We conclude that those 6,332 course members take not demonstrated concrete harm and thus lack Article 3 standing to sue on the reasonable-procedures claim. [10]

"
—Justice Kavanaugh[24]

Habeas corpus review in cases concerning the expiry penalty (2019)

Meet likewise: McKinney v. Arizona

Kavanaugh authored a v-four majority opinion in McKinney v. Arizona, holding that a country appellate court, rather than a jury, may conduct a reweighing of aggravating and mitigating circumstances on habeas corpus review in cases apropos the capital punishment. Kavanaugh was joined in the bulk by Justices Main Justice John K. Roberts, Clarence Thomas, Samuel Alito, and Neil Gorsuch.[25]

" A Clemons reweighing is a permissible remedy for an Eddings mistake, and when an Eddings fault is found on collateral review, a country appellate court may conduct a Clemons reweighing on collateral review. McKinney's argument that a jury must resentence him does non foursquare with Clemons, where the Court held that a reweighing of the aggravating and mitigating evidence may be conducted by an appellate court. ... Because Clemons involved an improperly considered aggravating circumstance, McKinney maintains that it is inapposite hither, where the example involves an improperly ignored mitigating circumstance. Clemons, however, did non depend on any unique upshot of aggravators as distinct from mitigators. For purposes of appellate reweighing, there is no meaningful difference between subtracting an aggravator from one side of the scale and adding a mitigator to the other side. McKinney besides argues that Clemons is no longer adept constabulary in the wake of Ring v. Arizona, and Hurst five. Florida, where the Court held that a jury must find the aggravating circumstance that makes the defendant death eligible.


Merely that does not mean that a jury is constitutionally required to counterbalance the aggravating and mitigating circumstances or to make the ultimate sentencing determination within the relevant sentencing range. ... McKinney notes that the Arizona trial court, not the jury, made the initial aggravating circumstance finding that fabricated him eligible for the death penalty. But McKinney's case became final on direct review long earlier Ring and Hurst, which practice not utilise retroactively on collateral review, ... and the Arizona Supreme Court's 2018 decision reweighing the aggravators and mitigators did not constitute a reopening of direct review.[x]

"
—Justice Kavanaugh[25]

Removable offenses in displacement case (2019)

Meet too: Barton v. Barr

Kavanaugh authored a 5-4 majority opinion in Barton five. Barr, holding that for purposes of cancellation-of-removal eligibility, a §1182(a)(2) offense committed during the initial seven years of residence does not need to be i of the offenses of removal. Kavanaugh was joined in the majority past Justices Principal Justice John One thousand. Roberts, Clarence Thomas, Samuel Alito, and Neil Gorsuch.[26]

" Removal of a lawful permanent resident from the United States is a wrenching process, particularly in low-cal of the consequences for family unit members. Removal is particularly hard when it involves someone such as Barton who has spent most of his life in the The states. Congress fabricated a choice, however, to qualify removal of noncitizens—even lawful permanent residents—who have committed sure serious crimes. And Congress also made a choice to categorically preclude cancellation of removal for noncitizens who have substantial criminal records. Congress may of course amend the police at any fourth dimension. In the meantime, the Court is constrained to utilise the police force as enacted by Congress. Here, equally the BIA explained in its 2006 Jurado-Delgado determination, and as the 2nd, Tertiary, Fifth, and Eleventh Circuits have indicated, the clearing laws enacted by Congress do not allow cancellation of removal when a lawful permanent resident has amassed a criminal record of this kind.


We affirm the judgment of the U. S. Courtroom of Appeals for the Eleventh Circuit.[10]

"
—Justice Kavanaugh[26]

Continuing in instance concerning Employee Retirement Income Security Act of 1974 (ERISA) (2019)

See also: Thole five. U.S. Bank

Kavanaugh authored a 5-four majority opinion in Thole v. U.Southward. Depository financial institution, holding the plaintiffs did not have standing and would still receive the same amount of monthly benefits regardless of the instance's consequence. Kavanaugh was joined in the majority by Justices Chief Justice John G. Roberts, Clarence Thomas, Samuel Alito, and Neil Gorsuch.[27]

" We affirm the judgment of the U. South. Court of Appeals for the Eighth Circuit on the ground that the plaintiffs lack Commodity 3 standing. Thole and Smith have received all of their monthly benefit payments so far, and the issue of this suit would not affect their future benefit payments. ... The plaintiffs therefore have no concrete pale in this lawsuit.[ten] "
—Justice Kavanaugh[27]

Previous noteworthy opinions

D.C. Circuit opinions

Rochelle Garza five. Eric D. Hargan (2015)

Kavanaugh dissented from a bulk ruling which required the government to permit a significant 17-yr-old girl who had entered the country without legal permission to obtain an abortion. He wrote that although the U.S. Supreme Court ruled that the Constitution protects a woman's determination to cull abortion, in that location was room for the authorities to utilise "reasonable regulations that do not impose an undue burden."[30]

Larry Elliott Klayman v. Barack Obama (2015)

Kavanaugh wrote a concurring opinion denying the rehearing of a lawsuit about authorities data collection called Larry Elliott Klayman v. Barack Obama. Kavanaugh said his reason for denial was that the government'due south data collection program was compatible with the Quaternary Amendment. He wrote,

" The Government's collection of telephony metadata from a tertiary political party such equally a telecommunication service provider is non considered a search under the Fourth Amendment...[C]ritical national security need outweighs the bear on on privacy occasioned by this program.[31] [10] "

SCOTUS reverses D.C. Excursion over make clean air regulations (2014)

See likewise: United States Court of Appeals for the District of Columbia Circuit(East.P.A. 5. EME Homer Urban center Generation; American Lung Association v. EME Homer Metropolis Generation)

On April 29, 2014, the U.S. Supreme Court reversed the judgment of a divided three-judge console of the Usa Court of Appeals for the District of Columbia Circuit in E.P.A. 5. EME Homer Metropolis Generation. Kavanaugh wrote the opinion of the circuit console.

In 2011, the Environmental Protection Agency (EPA) created the Transport Rule, which established emission standards for 28 states identified as upwind states. Upwind states were those states whose air pollution impacted the air quality of those states identified as downwind states. The EPA rule created emissions standards in upwind states based on the air quality standards in downwind states. A number of litigants filed a lawsuit in the D.C. Circuit, alleging the federally established standards violated states' rights. Writing for a ii-1 excursion console, Kavanaugh held that the rule violated federal law because the Clean Air Act permitted states to implement their own contingencies to reduce air pollution.

Writing for a six-justice majority, Justice Ruth Bader Ginsburg reversed the excursion console, belongings that "in Chevron U. S. A. Inc. five. Natural Resources Defence Council, Inc. ... we reversed a D. C. Circuit decision that failed to accord deference to EPA's reasonable interpretation of an cryptic Clean Air Human activity provision. Satisfied that the Skilful Neighbor Provision does not control the Courtroom of Appeals' price-blind construction, and that EPA reasonably interpreted the provision, nosotros opposite the D. C. Excursion's judgment."[32] [33]

Kavanaugh'southward listing of his top ten cases

Kavanaugh completed a questionnaire in July 2018 for the Senate Judiciary Commission that included a list of what were, in his view, the 10 most important cases in which he had a function. They are listed beneath. Kavanaugh'due south summary of the cases are beneath each case proper noun.[34]

Noteworthy events

Tested positive for coronavirus on September xxx, 2021

See as well: Politicians, candidates, and government officials diagnosed with or quarantined due to the coronavirus (COVID-19) pandemic, 2020
Covid vnt.png
Coronavirus pandemic
Select a topic from the dropdown below to learn more.

On October 1, 2021, the Supreme Court appear in a press release that Kavanaugh tested positive for COVID-19 on September 30. The printing release said Kavanaugh was fully vaccinated at the time he contracted the virus.[35]

See too

  • Supreme Courtroom of the U.s.
  • Supreme Court cases, October term 2020-2021
  • Nomination of Brett Kavanaugh to the U.Southward. Supreme Courtroom
  • United States Court of Appeals for the District of Columbia Circuit

External links

  • Supreme Court of the United States website
  • Biography from the Federal Judicial Center
  • Profile by Oyez
  • Contour from the Supreme Courtroom Historical Society

Footnotes

  1. CNN, "Brett Kavanaugh sworn in every bit Supreme Courtroom justice," October 6, 2018
  2. Oyez, "Brett Kavanaugh," accessed Jan 31, 2019
  3. 3.0 3.1 Federal Judicial Heart, "Kavanaugh, Brett M.," accessed Apr 16, 2021
  4. SCOTUSblog, "Potential nominee profile: Brett Kavanaugh," June 28, 2018
  5. American Enterprise Institute, "From the Demote: The Constitutional Statesmanship of Chief Justice William Rehnquist," accessed April 16, 2021
  6. Oyez, "Brett Kavanaugh," accessed August thirteen, 2019
  7. SCOTUSBlog, "Final Stat Pack for Oct Term 2019 (updated)," July ten, 2020
  8. eight.0 8.i viii.2 eight.3 New Civil Liberties Alliance, "NCLA Ranks the Short List of Candidates to Replace Justice Kennedy," accessed April sixteen, 2021
  9. "New Civil Liberties Brotherhood", "Mission," accessed Apr sixteen, 2021
  10. x.00 10.01 10.02 10.03 10.04 10.05 ten.06 10.07 10.08 10.09 10.ten Notation: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  11. Common Dreams, "Kavanaugh Has Publicly Discussed Cases Before, Including Those He Would Like to Overturn," September 5, 2018
  12. C-Span, "Judge Brett Kavanaugh Supreme Court Nomination Annunciation," July 9, 2018
  13. American Bar Association "Ratings of Article III and Article IV judicial nominees," accessed April 16, 2021
  14. 14.0 14.1 Congress.gov, "PN2259 — Brett Thou. Kavanaugh — Supreme Court of the U.s.," accessed October 8, 2018
  15. Police 360, "Judge Kavanaugh Stops DC Circ. Work For Confirmation Fight," July 17, 2018
  16. Supreme Court of the United States, "Printing Releases," June 27, 2018
  17. The Washington Post, "Lookout man Brett Kavanaugh's full acceptance speech after Trump nomination," July ix, 2018
  18. Congress.gov, "PN1179 — Brett M. Kavanaugh — The Judiciary," accessed April 16, 2021
  19. SCOTUSblog, "2020-21 Stat pack: Justice Understanding," July 2, 2021
  20. SCOTUSblog, "Justice Agreement," accessed September 21, 2020
  21. Due to a change in the stat pack format, the agreement rate uses the rate of agreement in judgment.
  22. SCOTUSblog, "2020-21 Stat pack: Frequency in the majority," July 2, 2021
  23. SCOTUSblog, "Frequency in the Majority," accessed September 21, 2020
  24. 24.0 24.one U.S. Supreme Court, TransUnion LLC v. Ramirez, decided June 25, 2021
  25. 25.0 25.one Supreme Courtroom of the The states, McKinney v. Arizona, decided February 25, 2020
  26. 26.0 26.one Supreme Court of the Us, Barton v. Barr, decided Apr 23, 2020
  27. 27.0 27.1 Supreme Court of the U.s.a., Thole v. U.Due south. Banking concern, decided June ane, 2020
  28. Supreme Court of the Usa, Manhattan Customs Access Corp. v. Halleck, decided June 17, 2019
  29. Supreme Court of the United States, "Apple Inc. five. Pepper," May 13, 2019
  30. Lyle Denniston Law News, "LARRY ELLIOTT KLAYMAN, ET AL., APPELLEES v. BARACK OBAMA, ET AL., APPELLANTS," accessed July 23, 2018
  31. Lyle Denniston Law News, "Larry Elliott Klayman 5. Barack Obama," accessed July 24, 2018
  32. Supreme Courtroom of the U.s., Environmental Protection Agency v. EME Homer City Generation L.P., decided April 29, 2014
  33. Oyez.org, "Environmental Protection Bureau v. EME Homer Urban center Generation," accessed Oct 9, 2017
  34. Commission on the Judiciary, "QUESTIONNAIRE FOR NOMINEE TO THE SUPREME Courtroom," accessed July 26, 2018
  35. WOWT, "Justice Kavanaugh tests positive for COVID-19, has no symptoms," Oct 1, 2021
Political offices
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Supreme Courtroom of the Us
2018-Present
Succeeded past
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United States Court of Appeals for the District of Columbia Circuit
2006-2018
Succeeded past
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Washington, D.C. Washington, D.C. judicial news Judicial selection in Washington, D.C. United States District Court for the District of Columbia United States Court of Appeals for the District of Columbia Circuit District of Columbia Court of Appeals Superior Court of the District of Columbia

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What Is Brett Kavanaugh's Background,

Source: https://ballotpedia.org/Brett_Kavanaugh

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