As the Senate begins the confirmation process for Supreme Court nominee Brett Kavanaugh, senators must evaluate Kavanaugh’s qualifications to determine what kind of justice his will be..
Some parts of his record, such as his service in the executive branch, are not relevant to that question, while other parts, especially his judicial opinions and many of his speeches, are very useful.
Three of those speeches are Kavanaugh’s keynote address at the February 2017 University of Notre Dame symposium on Justice Antonin Scalia’s jurisprudence; the September 2017 Walter Berns Constitution Day Address at the American Enterprise Institute; and the November 2017 Joseph Story Lecture at the Heritage Foundation.
These speeches reveal that Kavanaugh understands the role of judges in our system of government to be defined and limited.
He addressed this in a general way at Notre Dame, for example, agreeing with Scalia that “the judge’s job is to interpret the law, not to make the law or make policy.” Approaching this question more specifically at the American Enterprise Institute, he highlighted Chief Justice William Rehnquist’s success “in stemming the general tide of free-wheeling judicial creation of unenumerated rights.” In other words, the law is already made—by the American people and those whom they elect to represent them—by the time a judge uses it to decide cases.
Another example of Kavanaugh’s belief in a defined and limited role for judges is his embrace of what is often called a “textualist” approach. This approach treats the Constitution and statutes as concrete text rather than as vague ideas or concepts that judges can manipulate any way they wish.
At the American Enterprise Institute, for example, he emphasized that the Constitution is “a document of majestic specificity” whose “words have meaning.” Judges must discover and enforce the meaning that the Constitution already has. They may not substitute …read more
From:: Daily Signal – Feed