Kavanaugh’s Record Suggests He Will Overturn Roe

My article with Dahlia Lithwick in Slate.

We analyzed Kavanaugh’s 2017 AEI speech and his recent abortion rights case. More to come on his lack of deference to precedent and historical evidence.

I’ve also examined two of Kavanaugh’s most major opinions, plus another appearance at AEI in 2016, to see if he defers to precedent. Spoiler: He doesn’t. Second spoiler: He gives more deference to Scalia dissents, even if Scalia, ostensibly an originalist, got the history wrong.

Third: Kavanaugh hints that he may subscribe to a relatively extreme version of the “unitary executive theory” of presidential power, which would end independent agencies.

This raises a question: Does Kavanaugh think Trump has the power to fire Mueller?

Author: Jed Shugerman

Legal historian at Fordham Law School, teaching Torts, Administrative Law, and Constitutional History. JD/PhD in History, Yale. Red Sox and Celtics fan, youth soccer coach. Author of "The People's Courts: Pursuing Judicial Independence in America" (2012) on the rise of judicial elections in America. I filed an amicus brief in the Emoluments litigation against Trump along with a great team of historians. I'm working on "The Rise of the Prosecutor Politicians," a history of prosecutors and political ambition (a cause of mass incarceration), and "The Imaginary Unitary Executive," on the myths and history of presidential power in America.

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