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Analysis

A Justice Kavanaugh Would Be Unleashed From Precedent

Law360, Washington (July 13, 2018, 8:52 PM EDT) -- On the D.C. Circuit, Judge Brett Kavanaugh has been forced to comply with precedents he doesn’t agree with. That would change if he’s confirmed to the Supreme Court.

In congressional testimony, public speeches and especially his opinions, the federal appeals court judge has said it is his job to faithfully uphold Supreme Court precedent, even when the conservative stalwart believes it was wrongly decided.

“It is not our job to relitigate or trim or expand Supreme Court decisions,” Judge Kavanaugh wrote in a 2015 dissent in...
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