Kavanaugh Clings To Text And Traditions In Many Dissents

Law360 (July 12, 2018, 7:14 PM EDT) -- During D.C. Circuit Judge Brett Kavanaugh's 12 years on the federal appellate court, he has written dozens of dissents marked by a deference for text and traditions that would likely follow him to the U.S. Supreme Court if the Senate confirms President Donald Trump's Monday nomination.

In two such dissents, Judge Kavanaugh supported the president's authority to remove members of an executive agency by referencing the writings of Founding Fathers including James Madison, and defended the Second Amendment by citing Supreme Court precedent that found "traditional and common gun laws" are permitted.

"If you have a longer tradition of something, it's...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!