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Summary Fact file - Brett Kavanaugh

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A succinct fact file on Brett Kavanaugh and his role in the US Supreme Court including: • biography • appointment process • notable decisions

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  • July 14, 2022
  • 2
  • 2021/2022
  • Summary
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BRETT KAVANAUGH – Supreme Court Justice


Biography:

 In 1998, Kavanaugh served on the legal team of independent counsel Kenneth Starr, who led a
years-long investigation of Democratic Pres. Bill Clinton that culminated in Clinton’s
impeachment on charges of perjury and obstruction of justice in connection with his affair with a
White House intern, Monica Lewinsky.
 He has sat on the US Court of Appeals for the District of Columbia Circuit for over 12 years, and
he was rated “well qualified” by the American Bar Association.
 Judge Kavanaugh made protecting the separation of powers a priority on the D.C Circuit Court of
Appeals, the circuit court which hears most major administrative law cases.



Appointed by: Republican President Donald Trump

Appointment process:

In July 2018, Kavanaugh to the Supreme Court to replace the retiring justice Kennedy. Kavanaugh’s
confirmation by the Republican-controlled Senate was considered likely, given that it would establish
a dependable conservative majority on the Court, a longstanding objective of the Republican Party.
With such a majority—which had not been possible under Kennedy, who occasionally sided with the
Court’s four liberal justices—Republicans would be able to count on future conservative rulings by
the Court on a range of controversial issues, including abortion (see Roe v. Wade), environmental
regulation, executive (presidential) power, separation of church and state, and voting rights, among
others. Activists from both political parties accordingly mobilized to dispute Kavanaugh’s
confirmation.

On 5th October 2018, the Senate confirmed Brett Kavanaugh as the newest Justice of the US
Supreme Court in a 50-48 vote that was almost perfectly divided along party lines. Only a single
Democrat, Joe Manchin, voted to confirm, and only a single Republican, Lisa Murkowski, voted to
oppose. The vote followed one of the most controversial and partisan confirmation battles in recent
history, leading many to argue that it has left the Supreme Court more politicised and polarised than
ever before.



Ideology: Conservative, strict constructionist, judicial restraint, originalist

Republicans tend to nominate originalists and strict constructionists, who favour a narrow reading of
the Constitution, because this supports the conservative aim of shrinking the size and role of the
federal government.

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