Bench Memos

Law & the Courts

Kavanaugh Hearing Highlights

Many commentators complain that little was learned about how Brett Kavanaugh is likely to approach legal questions as an Associate Justice of the Supreme Court. While it is certainly true that Judge Kavanaugh did not commit to resolving particular questions in a particular way, and consistently parried various lines of “gotcha” questioning, he also spoke at some length about his judicial philosophy.

Over at the Volokh Conspiracy, Randy Barnett has a series of posts highlighting interesting and probative comments and exchanges from the hearings. They provide a useful window on Judge Kavanaugh’s view of judging, the Constitution, and the law, and show that when Senators were actually interested in listening and learning, the hearings served a useful purpose.

Jonathan H. Adler is the Johan Verhiej Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law.

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