Democrats are hoping to delay Kavanaugh's Supreme Court confirmation until after the November election.
While the Supreme Court can overrule its own precedent, Kavanaugh has co-authored a hefty 942-page book on precedent, titled "Law of Judicial Precedent." The book seeks to formally describe rules for when courts should follow precedent, and it makes clear that jettisoning precedent is not something that Kavanaugh takes lightly.
A smart, persuasive Supreme Court justice might persuade other justices to change their votes on a case.
Government has grown by leaps and bounds, and the Supreme Court's decisions about government power have far-reaching consequences for our checkbooks and personal freedoms.
The Supreme Court - and the federal courts generally - are more deeply involved in our lives than they were 50 years ago.
Long gone are the days when a Republican president would appoint a Democrat to the Supreme Court, as Herbert Hoover did in 1932, simply because he was told that the nominee, Benjamin Cardozo, was the smartest lawyer in the country.
In my 2013 book Dumbing Down the Courts, I show that the length of Supreme Court confirmation hearings has grown with the expansion of judicial power.
https://www.nationalreview.com/2018/09/kavanaugh-nomination-judicial-confirmation-battles-longer/
While the Supreme Court can overrule its own precedent, Kavanaugh has co-authored a hefty 942-page book on precedent, titled "Law of Judicial Precedent." The book seeks to formally describe rules for when courts should follow precedent, and it makes clear that jettisoning precedent is not something that Kavanaugh takes lightly.
A smart, persuasive Supreme Court justice might persuade other justices to change their votes on a case.
Government has grown by leaps and bounds, and the Supreme Court's decisions about government power have far-reaching consequences for our checkbooks and personal freedoms.
The Supreme Court - and the federal courts generally - are more deeply involved in our lives than they were 50 years ago.
Long gone are the days when a Republican president would appoint a Democrat to the Supreme Court, as Herbert Hoover did in 1932, simply because he was told that the nominee, Benjamin Cardozo, was the smartest lawyer in the country.
In my 2013 book Dumbing Down the Courts, I show that the length of Supreme Court confirmation hearings has grown with the expansion of judicial power.
https://www.nationalreview.com/2018/09/kavanaugh-nomination-judicial-confirmation-battles-longer/
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