Upon being nominated to the Supreme Court, Brett Kavanaugh said he had "Witnessed firsthand" Donald Trump's "Appreciation for the vital role of the American judiciary." That claim raised some eyebrows, given the president's tendency to question the authority of judges who reach conclusions he does not like.
Kavanaugh, by contrast, clearly understands the importance of an independent judiciary as a check on the other branches of government.
Because "The relevant statute at the time of Hamdan's conductdid not proscribe material support for terrorism as a war crime," Kavanaugh explained, the case amounted to retroactive prosecution.
Kavanaugh's broader critique of excessive deference to administrative agencies also should be music to the ears of anyone who worries about an overweening executive branch.
In a 2016 Harvard Law Review article, Kavanaugh called the doctrine favoring agency interpretations of "Ambiguous" statutes "An atextual invention" that amounts to "a judicially orchestrated shift of power from Congress to the Executive Branch."
Kavanaugh's respect for legislators' prerogatives does not mean he is shy about checking them when they overstep their constitutional limits.
While I would prefer a justice who is more inclined to question fishy police searches, Kavanaugh, like Neil Gorsuch, is far from the reflexive authoritarian that Trump's opponents might have expected him to favor.
http://reason.com/archives/2018/07/11/another-surprisingly-subversive-justice
Kavanaugh, by contrast, clearly understands the importance of an independent judiciary as a check on the other branches of government.
Because "The relevant statute at the time of Hamdan's conductdid not proscribe material support for terrorism as a war crime," Kavanaugh explained, the case amounted to retroactive prosecution.
Kavanaugh's broader critique of excessive deference to administrative agencies also should be music to the ears of anyone who worries about an overweening executive branch.
In a 2016 Harvard Law Review article, Kavanaugh called the doctrine favoring agency interpretations of "Ambiguous" statutes "An atextual invention" that amounts to "a judicially orchestrated shift of power from Congress to the Executive Branch."
Kavanaugh's respect for legislators' prerogatives does not mean he is shy about checking them when they overstep their constitutional limits.
While I would prefer a justice who is more inclined to question fishy police searches, Kavanaugh, like Neil Gorsuch, is far from the reflexive authoritarian that Trump's opponents might have expected him to favor.
http://reason.com/archives/2018/07/11/another-surprisingly-subversive-justice
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