Judge Kavanaugh’s record in national-security cases
Jonathan Hafetz is a senior staff attorney in the Center for Democracy at the American Civil Liberties Union and a professor of law at Seton Hall Law School.
Judge Kavanaugh's jurisprudence
17 articles
Judge Kavanaugh’s record in criminal cases
By now, followers of the nomination of Judge Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit to the U.S. Supreme Court have a flood of information to consider. (Whether it is enough or not is a matter on which political partisans intensely disagree.)
Judge Kavanaugh on work law
Charlotte Garden is an associate professor at Seattle University School of Law. This post analyzes Judge Brett Kavanaugh’s most significant work-law opinions.
Judge Kavanaugh and justiciability
Aaron Nielson is an associate law professor at Brigham Young University and the weekly author of D.C. Circuit Review–Reviewed at the Notice & Comment Blog. The U.S. Court of Appeals for the District of Columbia Circuit is an unusual court.
Kavanaugh on the executive branch: PHH Corp. v. Consumer Financial Protection Bureau
Judge Brett Kavanaugh wrote two opinions in PHH Corp. v. Consumer Financial Protection Bureau: a panel opinion declaring an aspect of the bureau to be unconstitutional and an opinion dissenting from the en banc U.S. Court of Appeals for the District of Columbia Circuit’s decision overruling his panel opinion.
Judge Kavanaugh and freedom of expression
Timothy Zick is the Mills E. Godwin, Jr., Professor of Law at William & Mary Law School.
Judge Kavanaugh on law and religion issues
Frank S. Ravitch is Professor of Law and Walter H. Stowers Chair in Law & Religion at Michigan State University College of Law. The number of cases involving religion in which Judge Brett Kavanaugh wrote an opinion for the U.S. Court of Appeals for the District of Columbia Circuit is limited.
Kavanaugh and the Second Amendment
Since Justice Anthony Kennedy announced his plans to retire, analysis of the potential effects of his retirement has mostly focused on areas of the law in which he provided the swing vote for a more liberal result – for example, abortion or gay rights.
Judge Kavanaugh on administrative law and separation of powers (Corrected)
Christopher J. Walker is a law professor at The Ohio State University Moritz College of Law. Administrative law sets the ground rules for how federal agencies regulate and how courts review and constrain such agency action.
Kavanaugh on net neutrality: U.S. Telecom Association v. Federal Communications Commission
One of the opinions from current Supreme Court nominee and D.C. Circuit Judge Brett Kavanaugh that has garnered significant attention is his 2017 dissent from the denial of rehearing en banc in the net-neutrality case, U.S. Telecom Association v. Federal Communications Commission.
Judge Kavanaugh on the Fourth Amendment
Orin S. Kerr is the Frances R. and John J. Duggan Distinguished Professor of Law at the University of Southern California Gould School of Law. Judge Brett Kavanaugh’s views of the Fourth Amendment have drawn significant interest following his recent nomination to the Supreme Court.
Kavanaugh on the Affordable Care Act: Seven-Sky v. Holder
Judge Brett Kavanaugh wrote an interesting dissent in Seven-Sky v. Holder, a 2011 appeal to the U.S. Court of Appeals for the District of Columbia Circuit about the constitutionality of the individual mandate provision of the Patient Protection and Affordable Care Act.
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