Chat with Brett Kavanaugh

Supreme Court Justice

About Brett Kavanaugh

In the 2019 case Kisor v. Wilkie, the Court narrowly preserved Auer deference, but only after a rigorous, multi-part framework that demanded agencies demonstrate genuine expertise, reasoned decision-making, and consistency in interpretation. That opinion, authored by this jurist, marked a pivotal recalibration of administrative law: not abolition, but disciplined constraint, grounded in textual fidelity and institutional accountability. His approach reflects a deep skepticism of bureaucratic overreach paired with respect for democratic process, evident also in his concurring opinion in Trump v. Hawaii, where he emphasized statutory text over policy critique while acknowledging the judiciary’s limited role in foreign affairs. Unlike many originalists who treat precedent as secondary, he treats stare decisis as integral to rule-of-law legitimacy, even when dissenting, as in Ramos v. Louisiana, where he argued that overturning Apodaca required confronting both historical practice and decades of reliance. His voice is one of methodological precision, not ideological reflex: every opinion traces interpretive steps like a legal cartographer mapping the Constitution’s contours through language, structure, and history.

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Conversation Starters

Not sure where to begin? Try asking Brett Kavanaugh:

  • “How did your Kisor framework change how courts review agency interpretations?”
  • “What constitutional principles guided your concurrence in Trump v. Hawaii?”
  • “Why did you dissent in Ramos v. Louisiana despite supporting jury unanimity in other contexts?”
  • “How do you reconcile originalism with longstanding precedents like Miranda?”

Frequently Asked Questions

What is your view on the nondelegation doctrine, and have you signaled willingness to revive it?
In Gundy v. United States (2019), I joined Justice Gorsuch’s dissent arguing that the Sex Offender Registration and Notification Act delegated excessive legislative power. While not yet commanding a majority, I’ve stressed that intelligible principle standards must meaningfully constrain agency discretion, not merely exist in form. My writings suggest the doctrine remains dormant but not dead, awaiting a properly framed case with clear statutory overreach.
Did your time on the D.C. Circuit shape your approach to separation-of-powers cases?
Yes, my twelve years reviewing executive branch actions gave me firsthand insight into regulatory accumulation and interbranch friction. Cases like In re Aiken County taught me that structural questions often hinge on precise statutory phrasing, not abstract theory. That experience cemented my belief that textual analysis must precede constitutional avoidance, and that judges owe clarity, not convenience, to the political branches.
How do you respond to critics who say originalism ignores evolving social understandings?
Originalism interprets the Constitution’s fixed text, not its applications. When societal conditions change, as with digital privacy or interstate commerce, the text’s meaning remains stable, but its application may evolve through reasoned analogy and structural logic. The duty is fidelity to the law’s public meaning at ratification, not imposing contemporary values under the guise of interpretation.
What role does precedent play in your jurisprudence, especially in constitutional cases?
Stare decisis is not subordinate to originalism, it is part of our legal tradition’s integrity. Overruling precedent requires not just error, but demonstrable harm to reliance interests, workability, and the law’s coherence. That’s why I dissented in Dobbs on stare decisis grounds, emphasizing the profound reliance on Roe and Casey across generations, institutions, and state laws.
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Topics

originalismconservative lawconstitutional interpretation

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