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Revision as of 22:52, 26 August 2018 by 69.124.83.87 (talk) (→Personal life)(diff) ← Previous revision | Latest revision (diff) | Newer revision → (diff) United States federal judge

Brett Kavanaugh
Judge of the United States Court of Appeals for the District of Columbia Circuit
Incumbent
Assumed office
May 30, 2006
Appointed byGeorge W. Bush
Preceded byLaurence Silberman
White House Staff Secretary
In office
June 6, 2003 – May 30, 2006
PresidentGeorge W. Bush
Preceded byHarriet Miers
Succeeded byRaul F. Yanes
Personal details
BornBrett Michael Kavanaugh
(1965-02-12) February 12, 1965 (age 59)
Washington, D.C., U.S.
Political partyRepublican
Spouse Ashley Estes ​(m. 2004)​
Children2
Alma materYale University (BA, JD)

Brett Michael Kavanaugh (born February 12, 1965) is a United States circuit judge of the United States Court of Appeals for the District of Columbia Circuit. He previously was White House Staff Secretary during the presidency of George W. Bush. Kavanaugh has been nominated to become an Associate Justice of the Supreme Court of the United States.

As an attorney working for Ken Starr, Kavanaugh played a lead role in drafting the Starr Report, which urged the impeachment of President Bill Clinton. Kavanaugh led the investigation into the suicide of Clinton aide Vince Foster. After the 2000 U.S. presidential election (in which Kavanaugh worked for the George W. Bush campaign in the Florida recount), Kavanaugh joined Bush's staff, where he led the administration's effort to identify and confirm judicial nominees.

Kavanaugh was first nominated to the Court of Appeals by Bush in 2003. His confirmation hearings were contentious and stalled for three years over charges of partisanship. Kavanaugh was ultimately confirmed in May 2006 after a series of negotiations between Democratic and Republican U.S. Senators.

On July 9, 2018, President Donald Trump nominated Kavanaugh to become an Associate Justice of the Supreme Court of the United States following the vacancy created by the pending retirement of Associate Justice Anthony Kennedy. Trump and his advisors reportedly viewed Kavanaugh as "a stalwart originalist".

Early life and education

Kavanaugh was born on February 12, 1965, in Washington, D.C., and raised in Bethesda, Maryland, the son of Martha Gamble (Murphy) and Everett Edward Kavanaugh Jr. His mother was a history teacher at Woodson and McKinley high schools in Washington in the 1960s and 1970s. She earned her law degree from Washington College of Law in 1978 and served as a Maryland state Circuit Court Judge from 1995 to 2001. His father was the president of the Cosmetic, Toiletry and Fragrance Association for two decades.

Kavanaugh attended Georgetown Preparatory School, where he was two years senior to Justice Neil Gorsuch. He then graduated cum laude from Yale University in 1987 with a Bachelor of Arts and from Yale Law School with a Juris Doctor degree in 1990. There, he lived in a dilapidated group house with future-Judge James E. Boasberg and became a basketball partner of Professor George L. Priest, who was the sponsor of the school's Federalist Society. He was a Notes Editor for the Yale Law Journal.

Early legal career (1990–2006)

Kavanaugh first worked as a law clerk for Judge Walter King Stapleton of the United States Court of Appeals for the Third Circuit. During Kavanaugh's clerkship, Stapleton wrote the majority opinion in Planned Parenthood v. Casey, in which the Third Circuit upheld many of Pennsylvania's abortion restrictions. Priest recommended Kavanaugh to Ninth Circuit Judge Alex Kozinski, who was regarded as a feeder judge.

After clerking for Judge Kozinski, Kavanaugh next interviewed with Chief Justice William Rehnquist, but he was not offered a clerkship.

Kavanaugh then earned a one-year fellowship with the Solicitor General of the United States, Ken Starr. Kavanaugh next clerked for Supreme Court Justice Anthony Kennedy, working alongside his high school classmate Neil Gorsuch and with future-Judge Gary Feinerman.

Kavanaugh with President George W. Bush and other White House staffers in 2001. Kavanaugh is seated directly to the left of Bush.

After his Supreme Court clerkship, Kavanaugh worked for Ken Starr again as an Associate Counsel in the Office of the Independent Counsel, where his colleagues included Rod Rosenstein and Alex Azar. In that capacity, he handled a number of the novel constitutional and legal issues presented during the Vincent Foster investigation. In Swidler & Berlin v. United States (1998), Kavanaugh argued his first and only case before the Supreme Court when he asked it to disregard attorney–client privilege in relation to the investigation of Foster's death. The Supreme Court rejected Kavanaugh's arguments by a vote of 6–3.

Kavanaugh was a principal author of the Starr Report to Congress on the Monica Lewinsky–Bill Clinton sex scandal. He urged Starr to ask the president sexually graphic questions and argued on broad grounds for the impeachment of Bill Clinton.

Kavanaugh was later a partner at the law firm of Kirkland & Ellis. While there in 2000, he was pro bono counsel of record for relatives of Elián González, a six-year-old rescued Cuban boy while Jeffery M. Leving spearheaded the amicus brief for the boy. After the boy's mother's death at sea, members of the extended family in the U.S. wanted to keep him from returning to the care of his sole surviving parent, his father in Cuba. The district court, the Circuit Court and the Supreme Court all followed precedent, refusing to block the boy's return to his home. In addition, Kavanaugh authored two amicus briefs supporting religious activities and expressions in public places.

After George W. Bush became president in 2001, Kavanaugh was hired as an associate by the White House Counsel, Alberto Gonzales. There, Kavanaugh worked on the Enron scandal, the successful nomination of Chief Justice John Roberts, and the unsuccessful nomination of Miguel Estrada. Starting in 2003, he served as Assistant to the President and White House Staff Secretary. In that capacity, he was responsible for coordinating all documents to and from the president.

Tenure as U.S. Circuit Judge (2006–present)

File:Brett Michael Kavanaugh (2004).png
Kavanaugh at his confirmation hearing in 2004

President George W. Bush first nominated Kavanaugh to the United States Court of Appeals for the District of Columbia Circuit on July 25, 2003, to a vacancy created by Judge Laurence Silberman, who took senior status in November 2000. Kavanaugh's nomination was stalled in the Senate for nearly three years. Democratic Senators accused him of being too partisan, with Senator Dick Durbin calling him the "Forrest Gump of Republican politics". In 2003, the American Bar Association rated Kavanaugh as "well qualified", but, after opposition from Senate Democrats, rated him in 2006 as only "qualified". His nomination was opposed by People for the American Way.

The United States Senate Committee on the Judiciary recommended confirmation on a 10–8 party-line vote on May 11, 2006, and Kavanaugh was thereafter confirmed to the court by the U.S. Senate on May 26, 2006, by a vote of 57–36. On June 1, 2006, he was sworn in by Justice Anthony Kennedy, for whom he had previously clerked, during a special Rose Garden ceremony at the White House. Kavanaugh was the fourth judge nominated to the D.C. Circuit by Bush and confirmed by the United States Senate. Kavanaugh began hearing cases on September 11, 2006, and had his formal investiture on September 27, at the Prettyman Courthouse. His first published opinion was released on November 17, 2006.

Kavanaugh being sworn in by Justice Anthony Kennedy as President George W. Bush and Kavanaugh's wife, Ashley Estes Kavanaugh, look on

In July 2007, Democratic Senators Patrick Leahy and Dick Durbin accused Kavanaugh of "misleading" the Senate Judiciary Committee during his nomination. Durbin and Leahy accused Kavanaugh of lying to them in his confirmation hearing when he denied being involved in formulating the Bush administration's detention and interrogation policies in the aftermath of the September 11 terrorist attacks. In 2002, Kavanaugh had met with other White House lawyers, and talked about whether or not the Supreme Court would approve of denying lawyers to prisoners detained as enemy combatants. Kavanaugh had previously been a law clerk for Supreme Court Justice Anthony Kennedy, and predicted in that meeting that Kennedy would not approve of denying legal counsel to those prisoners. Durbin said, "It appears that you misled me, the Senate Judiciary Committee and the nation." This issue re-emerged in July 2018, as Kavanaugh was under consideration for a nomination to the Supreme Court, which Kavanaugh received.

Notable cases

The Supreme Court has adopted Kavanaugh's position on cases 13 times, and has reversed his position only once. These included cases involving environmental regulations, criminal procedure, the separation of powers and extraterritorial jurisdiction in human rights abuse cases. He has been regarded as a feeder judge.

Abortion

During his confirmation hearing in 2006 for the D.C. Circuit Court of Appeals, Kavanaugh stated that he considered Roe v. Wade binding under the principle of stare decisis and would follow the ruling of the higher court. In a 2017 speech, Kavanaugh lauded the late Chief Justice William Rehnquist for dissenting in Roe v. Wade, saying that Rehnquist believed an "unenumerated" right to abortion would have to be "rooted into the traditions and conscience of our people. Given the prevalence of abortion regulations both historically and at the time, Rehnquist said he could not reach such a conclusion about abortion."

In October 2017, Kavanaugh joined an unsigned divided panel opinion which found that the Office of Refugee Resettlement could temporarily prevent an unaccompanied alien minor in its custody from traveling to obtain an abortion. Days later, the en banc D.C. Circuit reversed that judgment, with Kavanaugh dissenting. The girl then obtained an abortion. In his dissent, Linda Greenhouse says Kavanaugh criticized the majority for creating "a new right for unlawful immigrant minors in U.S. government detention to obtain immediate abortion on demand". In Azar v. Garza (2018), the girl's claim was ultimately dismissed as moot after the en banc D.C. Circuit's judgment was vacated by the U.S. Supreme Court.

Affordable Care Act

In November 2011, Kavanaugh dissented when the D.C. Circuit upheld the Patient Protection and Affordable Care Act (ACA), arguing that the court did not have jurisdiction to hear the case. In his dissent concerning jurisdiction, he compared the individual mandate to a tax. After a unanimous panel found that the ACA did not violate the Constitution's Origination Clause in Sissel v. United States Department of Health & Human Services (2014), Kavanaugh wrote a lengthy dissent from the denial of rehearing en banc. In May 2015, Kavanaugh dissented from a decision that denied an en banc rehearing of the Priests for Life v. HHS ruling in which the panel upheld the ACA's contraceptive mandate accommodations against Priests for Life's Religious Freedom Restoration Act claims. In Zubik v. Burwell (2016), the Supreme Court vacated the circuit's judgment in a per curiam decision.

Appointments Clause and separation of powers

In August 2008, Kavanaugh dissented when the circuit found that the Constitution's Appointments Clause did not prevent the Sarbanes–Oxley Act from creating a board whose members were not directly removable by the President. In Free Enterprise Fund v. Public Company Accounting Oversight Board (2010), the Supreme Court reversed the circuit’s judgment by a vote of 5–4.

In 2015, Kavanaugh found that those directly regulated by the Consumer Financial Protection Bureau (CFPB) could challenge the constitutionality of its design. In October 2016, Kavanaugh wrote for a divided panel finding that the CFPB's design was unconstitutional, and made the CFPB Director removable by the President of the United States. In January 2018, the en banc D.C. Circuit reversed that judgment by a vote of 7-3, over the dissent of Kavanaugh.

Environmental regulation

In 2013, Kavanaugh issued an extraordinary writ of mandamus requiring the Nuclear Regulatory Commission to process the license application of the Yucca Mountain nuclear waste repository, over the dissent of Judge Merrick Garland. In April 2014, Kavanaugh dissented when the court found that Labor Secretary Tom Perez could issue workplace safety citations against SeaWorld regarding the multiple killings of its workers by Tilikum the orca.

After Kavanaugh wrote for a divided panel striking down a Clean Air Act regulation, the Supreme Court reversed by a vote of 6–2 in EPA v. EME Homer City Generation, L.P. (2014). Kavanaugh dissented from the denial of rehearing en banc of a unanimous panel opinion upholding the agency's regulation of greenhouse gas emissions and a fractured Supreme Court reversed by a vote of 5-4 in Utility Air Regulatory Group v. Environmental Protection Agency (2014). After Judge Kavanaugh dissented from a per curiam decision allowing the agency to disregard cost–benefit analysis, the Supreme Court reversed by a vote of 5–4 in Michigan v. EPA (2015).

Extraterritorial jurisdiction

In Doe v. Exxon Mobil Corp. (2007), Kavanaugh dissented when the circuit court allowed a lawsuit making accusations of ExxonMobil human rights violations in Indonesia to proceed, arguing in his dissent that the claims were not justiciable. Kavanaugh dissented again when the circuit court later found that the corporation could be sued under the Alien Tort Statute of 1789.

First Amendment and free speech

Kavanaugh wrote for unanimous three-judge district courts when they held that the Bipartisan Campaign Reform Act could restrict soft money donations to political parties and could forbid campaign contributions by foreign citizens. Those judgments were both summarily affirmed on direct appeal by the Supreme Court.

In 2014, Kavanaugh concurred in the judgment when the en banc D.C. Circuit found that the Free Speech Clause did not forbid the government from requiring meatpackers to include a country of origin label on their products. In United States Telecom Ass'n v. FCC (2016), Kavanaugh dissented when the en banc circuit refused to rehear a rejected challenge to the net neutrality rule, writing that "Congress did not clearly authorize the FCC to issue the net neutrality rule".

Fourth Amendment and civil liberties

In November 2010, Kavanaugh dissented from the denial of rehearing en banc after the circuit found that attaching a Global Positioning System tracking device to a vehicle violated the Fourth Amendment to the United States Constitution. The circuit’s judgment was then affirmed by the Supreme Court in United States v. Jones (2012). In February 2016, Kavanaugh dissented when the en banc circuit refused to rehear police officers' rejected claims of qualified immunity for arresting partygoers in a vacant house. In District of Columbia v. Wesby (2018), the Supreme Court unanimously reversed the circuit's judgment.

In Klayman v. Obama (2015), Kavanaugh concurred when the circuit court denied an en banc rehearing of its decision to vacate a district court order blocking the National Security Agency's warrantless bulk collection of telephony metadata. In his concurrence, Kavanaugh wrote that the metadata collection was not a search, and, even if it were, no reasonable suspicion would be required because of the government's special need to prevent terrorist attacks.

National security

In April 2009, Kavanaugh wrote a lengthy concurrence when the court found that detainees at the Guantanamo Bay detention camp had no right to advanced notice before being transferred to another country. In Kiyemba v. Obama (2010), the Supreme Court vacated that judgment while refusing to review the matter. In June 2010, Kavanaugh wrote a concurrence in judgment when the en banc D.C. Circuit found that the Al-Shifa pharmaceutical factory owners could not bring a defamation suit regarding the government’s allegations that they were terrorists. In October 2012, he wrote for a unanimous court when it found that the Constitution’s Ex Post Facto Clause made it unlawful for the government to prosecute Salim Hamdan under the Military Commissions Act of 2006 on charges of providing material support for terrorism.

In August 2010, Kavanaugh wrote a lengthy concurrence when the en banc circuit refused to rehear Ghaleb Nassar Al Bihani’s rejected claims that the international law of war limits the Authorization for Use of Military Force Against Terrorists. In 2014, Kavanaugh concurred in the judgment when the en banc circuit found that Ali al-Bahlul could be retroactively convicted of war crimes, provided existing statute already made it a crime "because it does not alter the definition of the crime, the defenses or the punishment". In October 2016, Kavanaugh wrote the plurality opinion when the en banc circuit found al-Bahlul could be convicted by a military commission even if his offenses are not internationally recognized as war crimes under the law of war.

In Meshal v. Higgenbotham (2016), Kavanaugh concurred when the divided panel threw out a claim by an American that he had been disappeared by the FBI in a Kenyan black site.

Second Amendment and gun ownership

In October 2011, Kavanaugh dissented when the circuit court found that a ban on the sale of semi-automatic rifles was permissible under the Second Amendment. This case followed the landmark Supreme Court ruling in District of Columbia v. Heller (2008).

Law clerk hiring practices

More than half of Kavanaugh's law clerks have been women and 13 of 48 have been people of color. A number of Kavanaugh's law clerks are the children of other judges and high profile legal figures, including Clayton Kozinski (son of former federal Judge Alex Kozinski), Porter Wilkinson (daughter of Judge J. Harvie Wilkinson III), Philip Alito (son of Justice Samuel Alito), Sophia Chua-Rubenfeld (daughter of Yale Law Professor and "Tiger Mom" Amy Chua), and Emily Chertoff (daughter of former DHS Secretary Michael Chertoff).

Nomination to the Supreme Court of the United States (2018)

Main article: Brett Kavanaugh Supreme Court nomination
Kavanaugh and his family with President Donald Trump in 2018

On July 2, 2018, Kavanaugh was one of four U.S. Court of Appeals judges to receive a personal 45-minute interview by President Donald Trump as a potential replacement for Justice Anthony Kennedy. On July 9, Trump announced his intent to nominate Kavanaugh for a seat on the Supreme Court.

Legal philosophy and approach

The Washington Post's statistical analysis estimated that the ideologies of most of Trump's announced candidates were "statistically indistinguishable" and placed Kavanaugh between Justices Gorsuch and Alito. Brian Bennett writing for Time magazine in July 2018 reported that Trump and his advisors viewed Kavanaugh as "a stalwart originalist". Jonathan Turley of George Washington University has stated that among the judges considered by Trump, "Kavanaugh has the most robust view of presidential powers and immunities. Brian Bennett writing for TIME magazine cites Kavanaugh's 2009 Minnesota Law Review article as defending the privilege of the President to immunity from prosecution during tenure in office. In a 2017 speech at the American Enterprise Institute about former Chief Justice, William Rehnquist, he praised his opinions in Roe v. Wade and Furman v. Georgia, where Rehnquist dissented in rulings that overturned the ban against abortion and the statutes which supported the death penalty.

According to the Judicial Common Space scores, a score based on the ideology scores of the home state senators and president who nominated the judge to the federal bench, Clarence Thomas is the only justice more conservative than Kavanaugh. According to this metric, Kavanaugh's confirmation would mean the composition of the court would shift to the right. Had Merrick Garland been confirmed, Stephen Breyer would have become the median swing vote when Justice Kennedy retired. However, since Scalia was replaced by another conservative (Gorsuch), it is expected that Chief Justice John Roberts will become the median swing vote on the Supreme Court if Kavanaugh is confirmed.

Teaching and scholarship

Since joining the U.S. Court of Appeals for the D.C. Circuit, Kavanaugh taught full-term courses on Separation of Powers at Harvard Law School from 2008 to 2015, on the Supreme Court at Harvard Law School between 2014 and 2018, on National Security and Foreign Relations Law at Yale Law School in 2011, and on Constitutional Interpretation at Georgetown University Law Center in 2007. Kavanaugh has also been named the Samuel Williston Lecturer on Law at Harvard Law School since 2009. Kavanaugh was hired as a visiting professor by Elena Kagan, who was then the dean of Harvard Law School in 2008 and according to The Boston Globe, quickly became a student favorite professor who was generous with his time and accessible. He would often dine in Cambridge with students and offer references and career advice. Kavanaugh received high evaluations from his students, including J. D. Vance.

In 2009, Kavanaugh wrote an article for the Minnesota Law Review in which he argued that Congress should exempt U.S. presidents from civil lawsuits while in office because, among other things, such lawsuits could be "time-consuming and distracting" for the president and would thus "ill serve the public interest, especially in times of financial or national security crisis." Kavanaugh argued that if a president "does something dastardly", that president may be impeached by the House of Representatives, convicted by the Senate, and criminally prosecuted after leaving office. The US would have been better off if president Clinton "could have focused on Osama bin Laden without being distracted by the Paula Jones sexual harassment case and its criminal investigation offshoots". This article garnered attention in 2018 when Kavanaugh was nominated to the Supreme Court by President Donald Trump, whose 2016 presidential campaign is the subject of an ongoing federal probe by Special Counsel Robert Mueller.

When reviewing a book on statutory interpretation by Second Circuit Chief Judge Robert Katzmann, Kavanaugh observed that judges often cannot agree on a statute if its text is ambiguous. To remedy this, Kavanaugh encouraged judges to first seek the "best reading" of the statute, through "interpreting the words of the statute" as well as the context of the statute as a whole, and only then apply other interpretive techniques that may justify an interpretation that differs from the "best meaning" such as constitutional avoidance, legislative history, and Chevron deference.

Personal life

Kavanaugh had his first date with his future wife Ashley Estes, then–personal secretary to President George W. Bush, on September 10, 2001. They were among the occupants of the White House evacuated during the September 11 attacks.

In early 2006, Kavanaugh and his wife bought a $1.2-million home in Chevy Chase Section Five, Maryland. In 2018, Kavanaugh reported that he earned a $220,000 salary as a federal judge and $27,000 as a lecturer at Harvard Law School during the previous year.

Kavanaugh is an avid runner who has run the Boston Marathon twice. In 2010, at 45 years of age, he finished the course in 3:59:45, 1:53:53 behind the winner, and in 2015 he finished the race in 4:08:36.

Kavanaugh is a Catholic and serves as a regular lector at his Washington, D.C. church, the Shrine of the Most Blessed Sacrament. He has helped serve meals to the homeless as part of church programs, and has tutored at the Washington Jesuit Academy, a Catholic private school in the District of Columbia.

Publications

  • Are Hawaiians Indians? The Justice Department Thinks So., Wall St. J. A35 (September 27, 1999)
  • Law of Judicial Precedent (St. Paul: Thomson Reuters, 2016) (one of 13 co-authors)

See also

References

  1. "Brett Kavanaugh's Children: Does He Have Kids?". Heavy.com. July 10, 2018. Retrieved July 12, 2018.
  2. Chen, David; Lewis, Neil A. (September 12, 1998). "Testing of a President: The Authors; A Young Protege of Starr, and an Established Nonfiction Writer". The New York Times. Retrieved November 8, 2011.
  3. Lewis, Neil (April 28, 2004). "Bush Aide on Court Nominees Faces Fire as Nominee Himself". The New York Times. Retrieved November 8, 2011.
  4. Lewis, Neil (May 10, 2006). "Senators Renew Jousting Over Court Pick". The New York Times. Retrieved November 8, 2011.
  5. Lewis, Neil (July 26, 2003). "Bush Selects Two for Bench, Adding Fuel to Senate Fire". The New York Times. Retrieved November 8, 2011.
  6. Kellman, Laurie (May 23, 2006). "Kavanaugh Confirmed U.S. Appellate Judge". The Washington Post. Washington DC: Nash Holdings LLC. Retrieved November 8, 2011.
  7. Wilson, Chris (June 27, 2018). "Appellate judge on D.C. Circuit seen as early favorite on Trump's Supreme Court shortlist". Yahoo! News. Retrieved June 28, 2018.
  8. Landler, Mark; Haberman, Maggie (July 9, 2018). "Brett Kavanaugh Is Trump's Pick for Supreme Court". The New York Times. Retrieved July 9, 2018.
  9. Alana Abramson. "President Trump Names New Supreme Court Justice". TIME magazine. July 10, 2018. .
  10. Brian Bennett. "Trump's Justice". TIME magazine. July 23 2018, p.22. .
  11. "George W. Bush: Remarks at a Swearing-In Ceremony for Brett Kavanaugh as a United States Circuit Judge for the District of Columbia". presidency.ucsb.edu.
  12. "The Social List of Washington, D.C. and Social Precedence in Washington". J.S. Murray. July 10, 1990 – via Google Books.
  13. Martha G. Kavanaugh, Maryland Circuit Court Judge, maryland.gov. Retrieved July 2, 2018.
  14. "Who is Martha Kavanaugh, Brett Kavanaugh's mother?". CBS NEWS. Retrieved July 10, 2018.
  15. Liptak, Adam (July 9, 2018). "Brett Kavanaugh, a Conservative Stalwart in Political Fights and on the Bench". The New York Times. Retrieved July 10, 2018.
  16. ^ Mervosh, Sarah (July 11, 2018). "Kavanaugh and Gorsuch Both Went to the Same Elite Prep School". The New York Times. p. A19. Retrieved July 16, 2018.
  17. "Brett Kavanaugh is the latest high-level Trump appointee to come from a single Washington, DC-area high school". Business Insider. Retrieved July 10, 2018.
  18. ^ Shane, Scott; Eder, Steve; Ruiz, Rebecca R.; Liptak, Adam; Savage, Charlie; Protess, Ben (July 15, 2018). "Influential Judge, Loyal Friend, Conservative Warrior — and D.C. Insider". The New York Times. p. A1. Retrieved July 16, 2018.
  19. "Brett Kavanaugh '90 Nominated to U.S. Supreme Court". Yale Law School. July 9, 2018. Retrieved July 10, 2018.
  20. ^ Roberts, Edith (June 28, 2018). "Potential nominee profile: Brett Kavanaugh". SCOTUSblog. Retrieved July 6, 2018.
  21. ^ Shear, Michael D.; Liptak, Adam (August 4, 2018). "The Partisan Battle Brett Kavanaugh Now Regrets". The New York Times. p. A1. Retrieved August 22, 2018.
  22. "Judicial Nominations – Judge Brett M. Kavanaugh".
  23. Report on the Death of Vincent W. Foster, Jr, by the Office of Independent Counsel in Re Madison Guaranty Savings and Loan Association HATHI Trust Digital Library, Universities of Michigan and Purdue, the complete 137-page, 2 vol. report with app., footnotes, and exhibits.
  24. Kranish, Michael; Marimow, Michael (July 6, 2018). "Kavanaugh's unorthodox path to Trump's Supreme Court shortlist". The Washington Post. Retrieved July 9, 2018.
  25. "Swidler & Berlin v. United States". Oyez Project. Retrieved July 9, 2018.
  26. Liptak, Adam (August 20, 2019). "Brett Kavanaugh Urged Graphic Questions in Clinton Inquiry". The New York Times. p. A1. Retrieved August 22, 2018.
  27. Landler, Mark; Apuzzo, Matt (July 6, 2018). "Brett Kavanaugh, Supreme Court Front-Runner, Once Argued Broad Grounds for Impeachment". The New York Times. p. A1. Retrieved July 6, 2018.
  28. ^ Brett Kavanaugh's 'Friends': Inside Ex-Kirkland Partner's SCOTUS Briefs, National Law Journal, Tony Mauro, July 23, 2018. Retrieved July 29, 2018.
  29. "Presidential Nomination 840, 108th United States Congress". United States Congress. July 25, 2013. Retrieved July 6, 2018.
  30. "Conformation hearing on the nomination of Brett M. Kavanaugh to be Circuit Judge for the District of Columbia Circuit". Washington DC: U.S. Government Publishing Office. April 27, 2004.
  31. "Report of People For the American Way in Opposition to the Confirmation of Brett M. Kavanaugh" (PDF). Archived from the original (PDF) on June 2, 2006. {{cite web}}: Unknown parameter |dead-url= ignored (|url-status= suggested) (help) (87.6 KiB)
  32. "Confirmation Hearing on the Nomination of Brett Kavanaugh to be Circuit Judge for the District of Columbia Circuit: Hearing before the Committee on the Judiciary, United States Senate, One Hundred Ninth Congress, Second Session". Washington, DC: United States Government Publishing Office. May 9, 2006. Retrieved July 5, 2018.
  33. "Presidential Nomination 1179, 109th United States Congress". United States Congress. January 25, 2006. Retrieved July 6, 2018.
  34. "U.S. Senate: U.S. Senate Roll Call Votes 109th Congress – 2nd Session". Washington DC: U.S. Senate. May 26, 2006.
  35. Associated Press, June 1, 2006, "President Celebrates Judge's Swearing-In" by Deb Riechmann
  36. National Fuel Gas Supply Corp. v. FERC, 468 F.3d 831 (D.C. Cir. 2006).
  37. Shapiro, Ari (June 26, 2007). "Federal Judge Downplayed Role in Detainee Cases". NPR. Retrieved July 10, 2018.
  38. Lewis, Neil A. (July 4, 2007). "2 Senators Accuse Judge of Misleading Committee". The New York Times. Retrieved July 5, 2018.
  39. Lesniewski, Niels (July 6, 2018). "Democratic Senators Once Accused Potential Trump SCOTUS Pick of Offering Misleading Testimony: Durbin, Leahy had concerns Brett Kavanaugh wasn't truthful during 2006 confirmation hearing". Roll Call. Washington, DC. Retrieved July 10, 2018.
  40. ^ Jones, Ashby (July 10, 2018). "Judge Brett Kavanaugh: In His Own Words". The Wall Street Journal. ISSN 0099-9660. Retrieved August 18, 2018.
  41. Gregory, Patrick (April 28, 2016). "D.C. Circuit's Kavanaugh Not Afraid to Say No to Obama". Bloomberg BNA. Retrieved July 27, 2018.
  42. "5/9/2006 Schumer: "Do you consider Roe v. Wade to be an abomination?"". CSPAN. July 5, 2018. Retrieved July 8, 2018. {{cite web}}: Cite has empty unknown parameter: |dead-url= (help)
  43. Savage, David G. (July 11, 2018). "Supreme Court nominee Brett Kavanaugh lauded late Chief Justice Rehnquist for dissenting in Roe vs. Wade and supporting school prayer". Los Angeles Times. Judge Brett M. Kavanaugh, President Trump's Supreme Court nominee, gave a revealing speech last fall in which he lauded former Chief Justice William H. Rehnquist for having dissented in Roe vs. Wade and for rejecting the notion of 'a wall of separation between church and state.'
  44. ^ Note, Recent Case: En Banc D.C. Circuit Upholds Order Requiring HHS to Allow an Undocumented Minor to Have an Abortion, 131 Harv. L. Rev. 1812 (2018)..
  45. Garza v. Hargan, 874 F.3d 735 (D.C. Cir. 2017) (en banc) (per curiam).
  46. Greenhouse, Linda (July 18, 2018). "A Kavanaugh Signal on Abortion?". The New York Times. Retrieved August 1, 2018.
  47. "Azar v. Garza". Oyez Project. Retrieved August 1, 2018.
  48. Toobin, Jeffrey. "Holding Court". The New Yorker. No. March 26, 2012. Retrieved July 6, 2018.
  49. Seven-Sky v. Holder, 661 F.3d 1 (D.C. Cir. 2011).
  50. Erb, Kelly Phillips. "Supreme Court Nominee Brett Kavanaugh Penned Healthcare Dissent Focused On Tax". Forbes. Retrieved July 12, 2018.
  51. Note, Recent Cases: D.C. Circuit Reaffirms that Affordable Care Act Falls Outside Scope of the Origination Clause by Denying Petition for En Banc Review, 129 Harv. L. Rev. 2003 (2016)..
  52. Sissel v. United States Department of Health & Human Services, 799 F.3d 1035 (D.C. Cir. 2015).
  53. Blackman, Josh (September 26, 2016). Unraveled: Obamacare, Religious Liberty, and Executive Power. Cambridge University Press. ISBN 978-1-107-16901-2.
  54. Priests for Life v. U.S. Dep’t of Health & Human Servs., 808 F.3d 1 (D.C. Cir. 2015) (en banc).
  55. Josh Blackman, The Supreme Court, 2015 Term — Comment: Gridlock, 130 Harv. L. Rev. 241 (2016)..
  56. Note, Recent Case: D.C. Circuit Holds that the SEC Chairman Is Not the “Head” of the SEC, 122 Harv. L. Rev. 2267 (2009)..
  57. Free Enterprise Fund v. Public Co. Accounting Oversight Board, 537 F.3d 667 (D.C. Cir. 2009).
  58. Note, The Supreme Court, 2009 Term — Leading Cases, 124 Harv. L. Rev. 179 (2010)..
  59. Note, Recent Case: D.C. Circuit Limits Prospects for Challenging Dodd-Frank's Orderly Liquidation Authority, 129 Harv. L. Rev. 835 (2016)..
  60. State National Bank of Big Spring v. Lew, 795 F.3d 48 (D.C. Cir. 2015).
  61. Cowley, Stacy (October 12, 2016). "Court Upholds Consumer Agency, Minus Its Leader's Job Security". The New York Times. p. B2. Retrieved October 18, 2016.
  62. PHH Corp. v. Consumer Financial Protection Bureau, 839 F.3d 1 (D.C. Cir. 2017).
  63. PHH Corp. v. Consumer Financial Protection Bureau, 881 F.3d 75 (D.C. Cir. 2018) (en banc).
  64. Weiss, Debra Cassens (January 31, 2018). "Full DC Circuit upholds structure of Consumer Financial Protection Bureau". ABA Journal. Retrieved July 6, 2018.
  65. Note, Recent Case: D.C. Circuit Compels Nuclear Regulatory Commission to Follow Statutory Mandate, 127 Harv. L. Rev. 1033 (2013)..
  66. In re Aiken County, 725 F.3d 255 (D.C. Cir. 2013).
  67. Schaffner, Joan E. (2016). "Blackfish and Public Outcry: A Unique Political and Legal Opportunity for Fundamental Change to the Legal Protection of Marine Mammals in the United States". Animal Law and Welfare - International Perspectives. Springer International Publishing: 237–261. doi:10.1007/978-3-319-26818-7_11. Retrieved July 28, 2018.
  68. SeaWorld of Florida, LLC v. Perez, 748 F.3d 1202 (D.C. Cir. 2014).
  69. Note, The Supreme Court, 2013 Term — Leading Cases, 128 Harv. L. Rev. 351 (2014)..
  70. EME Homer City Generation, L.P. v. EPA, 696 F.3d 7 (D.C. Cir. 2012).
  71. Note, The Supreme Court, 2013 Term — Leading Cases, 128 Harv. L. Rev. 361 (2014)..
  72. Coal. for Responsible Regulation, Inc. v. EPA, 696 No. 09-1322, 2012 WL 6621785 (D.C. Cir. Dec 20, 2012).
  73. Note, The Supreme Court, 2014 Term — Leading Cases, 129 Harv. L. Rev. 311 (2015)..
  74. White Stallion Energy Ctr., LLC v. EPA, 748 F.3d 1222 (D.C. Cir. 2014) (per curiam).
  75. Note, Recent Case: D.C. Circuit Declines To Overturn Lower Court's Finding of Justiciablity in Tort Suit Brought by Indonesian Villagers, 121 Harv. L. Rev. 898 (2008)..
  76. Doe v. Exxon Mobil Corp., 473 F.3d 345 (D.C. Cir. 2007).
  77. Note, Recent Case: D.C. Circuit Holds Corporations Not Immune from ATS Claims, 125 Harv. L. Rev. 674 (2011)..
  78. Doe VIII v. Exxon Mobil Corp., 654 F.3d 11 (D.C. Cir. 2011).
  79. Republican Nat. Committee v. Federal Election Comm., 698 F.Supp.2d 150 (D.D.C. 2010).
  80. Bluman v. Federal Election Comm., 800 F.Supp.2d 281 (D.D.C. 2011).
  81. Davis, Charles (July 13, 2018). "Kavanaugh and campaign finance: Republican National Committee v. Federal Election Commission". SCOTUSblog. Retrieved July 28, 2018.
  82. Note, Recent Case: D.C. Circuit Applies Less Stringent Test to Compelled Disclosures, 128 Harv. L. Rev. 1526 (2015)..
  83. American Meat Institute v. USDA, 760 F.3d 18 (D.C. Cir. 2017) (en banc).
  84. United States Telecom Association v. Federal Communications Commission, 855 F.3d 381 (D.C. Cir. 2017) (en banc).
  85. "FCC Net Neutrality Case Rehearing Rejected by Appeals Court". Bloomberg.com. May 1, 2017. Retrieved August 1, 2018.
  86. Note, The Supreme Court, 2011 Term — Leading Cases, 126 Harv. L. Rev. 176 (2012)..
  87. United States v. Jones, 625 F.3d 766 (D.C. Cir. 2010).
  88. "United States v. Jones". SCOTUSblog. Retrieved July 28, 2018.
  89. Wesby v. District of Columbia, 816 F.3d 96 (D.C. Cir. 2016) (en banc).
  90. "District of Columbia v. Wesby". Oyez Project. Retrieved July 11, 2018.
  91. Weiss, Debra Cassens (July 16, 2018). "Supreme Court nominee Kavanaugh's record on surveillance could raise questions for Rand Paul". ABA Journal. Retrieved August 22, 2018.
  92. Klayman v. Obama, 805 F.3d 1148 (D.C. Cir. 2015).
  93. Feeney, Matthew (July 13, 2018). "Kavanaugh, Klayman, and the Fourth Amendment". Cato Institute. Retrieved July 13, 2018.
  94. Stephen I. Vladeck, The Unreviewable Executive: Kiyemba, Maqaleh, and the Obama Administration, 26 Const. Comm. 603 (2010)..
  95. Kiyemba v. Obama, 561 F.3d 505 (D.C. Cir. 2009).
  96. "Kiyemba v. Obama". Oyez Project. Retrieved July 13, 2018.
  97. Note, Recent Case: D.C. Circuit Holds That Government Officials’ Potentially Defamatory Allegations Regarding Plaintiffs’ Terrorist Ties Are Protected by Political Question Doctrine, 124 Harv. L. Rev. 640 (2010)..
  98. El-Shifa Pharmaceutical Industries Co. v. United States, 607 F.3d 836 (D.C. Cir. 2010) (en banc).
  99. Note, Recent Case: D.C. Circuit Interprets Military Commissions Act of 2006 to Bar Retroactive Application of Material Support Prohibition, 126 Harv. L. Rev. 1683 (2013)..
  100. Hamdan v. United States, 696 F.3d 1238 (D.C. Cir. 2012).
  101. Al-Bihani v. Obama, 619 F.3d 1 (D.C. Cir. 2010) (en banc).
  102. Note, Recent Cases: D.C. Circuit Reinterprets Military Commissions Act of 2006 to Allow Retroactive Prosecution of Conspiracy to Commit War Crimes, 128 Harv. L. Rev. 2040 (2015)..
  103. Al Bahlul v. United States, 767 F.3d 1 (D.C. Cir. 2014).
  104. Marimow, Ann (October 20, 2016). "Appeals court upholds conspiracy conviction of Guantanamo Bay detainee". The Washington Post. Washingtn DC: Nash Holdings LLC. Retrieved October 24, 2016.
  105. Al Bahlul v. United States, 804 F.3d 757 (D.C. Cir. 2016).
  106. Note, Recent Case: D.C. Circuit Holds that U.S. Citizen Detained and Interrogated Abroad Cannot Hold FBI Agents Individually Liable for Violations of His Constitutional Rights, 129 Harv. L. Rev. 1795 (2016)..
  107. Meshal v. Higgenbotham, 804 F.3d 417 (D.C. Cir. 2015).
  108. "Judge Kavanaugh's Record on Second Amendment/Gun Rights". National Review. July 4, 2018. Retrieved August 18, 2018.
  109. Heller v. District of Columbia, 607 F.3d 1244 (D.C. Cir. 2011).
  110. "Brett Kavanaugh once predicted 'one race' in the eyes of government. Would he end affirmative action?". Washington Post. Retrieved August 19, 2018.
  111. "Judge Kavanaugh Clerks Laud Nomination to Supreme Court | Chuck Grassley". www.grassley.senate.gov. Retrieved August 19, 2018.
  112. Chua, Amy (July 12, 2018). "Kavanaugh Is a Mentor To Women". Wall Street Journal. ISSN 0099-9660. Retrieved August 19, 2018.
  113. Landler, Mark; Haberman, Maggie (July 9, 2018). "Brett Kavanaugh Is Trump's Pick for Supreme Court". Politics. The New York Times. Archived from the original on July 9, 2018. Retrieved July 9, 2018. {{cite news}}: Unknown parameter |dead-url= ignored (|url-status= suggested) (help)
  114. "Remarks by President Trump Announcing Judge Brett M. Kavanaugh as the Nominee for Associate Justice of the Supreme Court of the United States". The White House. July 10, 2018. Retrieved July 10, 2018.
  115. "Pres. Nom. 2259". 115th Cong. (2018).
  116. Cope, Kevin (July 7, 2018). "Exactly how conservative are the judges on Trump's short list for the Supreme Court? Take a look at this one chart". The Washington Post. Retrieved July 9, 2018.
  117. Brian Bennett. "Trump's Justice". Time magazine. July 23, 2018, p.22.
  118. Brian Bennett. "Trump's Justice". Time magazine. July 23, 2018, p.24.
  119. Brian Bennett. "Trump's Justice". Time magazine. July 23, 2018, p.24.
  120. Brett Kavanaugh], American Enterprise Institute, September 18, 2017. Retrieved August 24, 2018.
  121. Abortion, race, gay rights, death penalty: Supreme Court nominee Brett Kavanaugh could make the difference, USA Today, Richard Wolf, August 19, 2018. Retrieved August 24, 2018.
  122. Datar, Saurabh. "How Judge Brett Kavanaugh's confirmation could affect Roe v. Wade - The Boston Globe". BostonGlobe.com. Retrieved August 18, 2018.
  123. Chang, Alvin (July 9, 2018). "Brett Kavanaugh and the Supreme Court's drastic shift to the right, cartoonsplained". Vox. Retrieved August 18, 2018.
  124. "BRETT M. KAVANAUGH". District of Columbia Circuit. Retrieved July 11, 2018.
  125. Viser, Matt (July 11, 2018). "At Harvard Law School, he's Professor Kavanaugh". Boston Globe. Retrieved July 11, 2018.
  126. Judge Brett Kavanaugh, HLS Williston Lecturer on Law, nominated to Supreme Court: Judge Kavanaugh has been Williston Lecturer since 2009. July 9, 2018. Harvard Law Today. Accessed 07/12/2018
  127. Liptak, Adam (July 19, 2018). "'Best Professor.' 'Very Evenhanded.' 'Great Hair!': Brett Kavanaugh, as Seen by His Law Students". The New York Times. p. A18. Retrieved August 22, 2018.
  128. ^ Kavanaugh, Brett M. (2008). "Separation of Powers During the Forty-Fourth Presidency and Beyond" (PDF). Minnesota Law Review. 93: 1454.
  129. ^ Kranish, Michael; Marimow, Ann E. (June 29, 2018). "Top Supreme Court prospect has argued presidents should not be distracted by investigations and lawsuits". The Washington Post. Washington, DC: Nash Holdings LLC. ISSN 0190-8286. Retrieved June 30, 2018.
  130. ^ Kavanaugh, Brett M. (2016). "Fixing Statutory Interpretation" (PDF). Harvard Law Review. 129. Cambridge, Massachusetts: Harvard University: 2118.
  131. "Five things to know about Supreme Court nominee Brett Kavanaugh". USA Today. July 9, 2018. Retrieved July 10, 2018.
  132. Brittain, Amy (July 11, 2018). "Supreme Court nominee Brett Kavanaugh piled up credit card debt by purchasing Nationals tickets, White House says". The Washington Post. Retrieved July 16, 2018.
  133. Sherman, Mark (July 9, 2018). "Who is Judge Brett Kavanaugh? Trump's Supreme Court nominee". Boston Globe. Associated Press. Retrieved July 11, 2018.
  134. "Five things to know about Supreme Court nominee Brett Kavanaugh". USA Today. July 9, 2018. Retrieved July 10, 2018.
  135. "Five things to know about Supreme Court nominee Brett Kavanaugh". USA Today. July 9, 2018. Retrieved July 10, 2018.
  136. "5 faith facts on Trump's Supreme Court pick, Brett Kavanaugh". Religion News Service. July 10, 2018. Retrieved July 10, 2018.

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