Trump Supreme Court Nominee Brett Kavanaugh Relies Heavily on Judicial Precedents

The New American – After days of consideration, President Donald Trump on Monday night put to rest all speculation about whom he would nominate to fill retiring Justice Anthony Kennedy’s place on the high court. He named a leading light on the highly influential U.S. Circuit Court of Appeals for the District of Columbia: Judge Brett Kavanaugh (shown). Constitutionalists were hoping that Trump’s pick would be an originalist — someone who believes that the Constitution should be understood on the basis of what it actually says and the intent of the people who drafted it. But although Kavanaugh has stated that judges should not make law, his judicial record shows that he relies heavily on past judicial precedents that have often been in conflict with the clear language of the Constitution.

The president didn’t make up his mind until the very last minute, carefully considering Judges Hardiman and Barrett, whose credentials made them close seconds.

Kavanaugh, age 53, holds BA and JD degrees from Yale College. He spent his early years in private practice in Washington, D.C. before accepting a position as a law clerk for Supreme Court Justice Anthony Kennedy in 1993. He became associate counsel to President George W. Bush in 2001. In 2003 he was named assistant to the president and his staff secretary before being nominated to the D.C. Circuit. That nomination was bottled up for nearly three years before clearing the Senate in 2006.

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