On July 9, 2018, President Trump nominated Judge Brett M. Kavanaugh of the U.S. Court of Appeals for the District of Columbia to the Supreme Court. If confirmed, Judge Kavanaugh will fill the seat recently vacated on July 31 by retiring Supreme Court Justice Anthony Kennedy. Here’s what we know about Kavanaugh and how his appointment to the Court will impact emerging issues in labor and employment law.
Judge Kavanaugh has been a member of the D.C. Circuit for the past twelve years and has an extensive paper trail, especially with respect to reviewing administrative agency determinations. He is generally perceived as contemplative and precise, with a reputation as a textualist and originalist jurist, meaning that he attempts to interpret legal texts as written and according to their original understandings at the time they were enacted. The resulting consequence often finds Judge Kavanaugh skeptical of Continue reading