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?