Judge Kavanaugh’s Record On The Bench “Noteworthy For Its Skill And Conservatism” And “Pragmatic Approach”

 Judge Kavanaugh’s Record On The Bench “Noteworthy For Its Skill And Conservatism” And “Pragmatic Approach”

July 9, 2018

Throughout his judicial career, Judge Brett Kavanaugh has earned acclaim from across the ideological spectrum for his intellect, skill and judgment on the bench. Judge Kavanaugh has served on the U.S. Court of Appeals in Washington, D.C. for 12 years and clerked for Justice Kennedy in 1993. He clerked with now-Supreme Court Justice Gorsuch in Justice Kennedy’s office.

In addition to the commentary that shows him to be a highly-qualified selection, Judge Kavanaugh has written an impressive 286-plus opinions during his time on the D.C. Circuit Court of Appeals.

NPR: “Kavanaugh’s record on the D.C. Circuit Court of Appeals, with some 286-plus opinions, is definitely the most prolific of any of the potential nominees. It is a record noteworthy for its skill and conservatism.”

Wall Street Journal Editorial Board: “Judge Kavanaugh’s 12-year record on the D.C. Circuit Court of Appeals is among the longest of any recent nominee, and it is impressive in breadth and quality. The Supreme Court has endorsed positions in his opinions no fewer than 11 times. Mr. Kavanaugh has no opinion that would create a confirmation problem on abortion rights.”

American Conservative Union Chairman Matt Schlapp: “One person on the list, Judge Brett Kavanaugh, is unique. I worked closely with him for the first four years of President George W. Bush’s administration, and I saw his character, philosophy and temperament. I and many colleagues often sought his counsel. Kavanaugh is someone you can trust and someone you want assistance from when decisions need to be made and the issues are complicated.”

Above The Law’s David Lat: “Admittedly, I didn’t touch upon how wonderful Judge Kavanaugh is as a person. His colleagues adore him – don’t be surprised if some of them speak in his support if he winds up being the nominee – and so do his law clerks, who praise him as a mentor and friend. He’s committed to diversity in clerk hiring: out of his 48 clerks, 25 are women and 13 are diverse — astounding numbers by the standards of feeder judges, who tend to be white males hiring other white males.”

Former Reagan Attorney General Ed Meese: “I am impressed with Judge Kavanaugh and his fidelity to the Constitution, as shown in more than 300 opinions.”

SCOTUSBlog: “Perhaps because of his years of executive-branch experience, Kavanaugh generally brings a pragmatic approach to judging, although his judicial philosophy is conservative, and he has applied principles of textualism and originalism espoused by the late Justice Antonin Scalia.”

Eugene Scalia: Judge Kavanaugh “is one of our best judges” and “an outstanding nominee.”

Ilya Shapiro, Cato Institute: Judge Kavanaugh’s “commitment to separation of powers and constitutional structure is exceptional.”

Professor Stephen Vladeck, University Of Texas:To be clear, I think Judge Kavanaugh is immensely bright, talented, and qualified (even if he is a @Nationals fan). He’s an exceptionally gifted judge with whom I just (often) disagree.”

Professor Justin Walker: Judge Kavanaugh “has by far the strongest, most consistent, most fearless record of constitutional conservatism of any federal court of appeals judge in the country. … His courageous and influential opinions on countless different issues – presidential power, regulatory overreach, religious liberty, the Second Amendment, and the list goes on – leave no doubt that he would be a forceful conservative justice for decades to come.”

Professor Jennifer Mascott: “I think Judge Kavanaugh’s toughness to stand with his own convictions derives from a deeply rooted interpretive philosophy built on interpreting law in accordance with the statutory text and the meaning of the text of the Constitution.”

Professor Jack Goldsmith: Judge Kavanaugh has “many, many considerable strengths as a judge and potential justice, and as a person.”

Professors John Yoo and Robert Delahunty: Judge Kavanaugh is known for “vigorous challenges to the administrative state.”

Professor Michael O’Shea: “Of the frequently discussed SCOTUS contenders, Judge Kavanaugh probably has the strongest pro-[Second Amendment] record.” He has a “real track record as a judge, not confirmation platitudes.”

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