Supreme Court Justice Brett Kavanaugh spoke at an Austin judicial conference about his skepticism of presidential assertions of regulatory power, drawing on his experience working for the George W. Bush administration. He discussed the pressures on administrations to push the limits of their statutory power, highlighting challenges to the Biden administration policies that the court is expected to rule on soon. Kavanaugh mentioned that his time with the Bush administration has given him a “B.S. detector” when it comes to executive branch assertions of what can or cannot be done.
Kavanaugh noted that presidential candidates often campaign on a reform agenda but struggle to enact their priorities due to legislative processes and gridlock. This, he said, creates an incentive for presidents to stretch their regulatory authority, which the judiciary exists to police. As part of the conservative court majority that formed in 2020, Kavanaugh’s comments may hint at how pending disputes testing federal regulation boundaries could be resolved, with the court taking steps to constrain federal regulators in various areas like the environment, consumer finance, health care, and workplace safety.
The court is facing cases that could lead to substantial changes in its approach to regulatory power, particularly regarding a 1984 decision known as Chevron USA v. Natural Resources Defense Council that requires judges to defer to agency views on policy. Business groups and Republican-run states argue that this principle has led to unlawful bureaucratic intrusions and given the government an advantage in legal disputes. The Biden administration has defended the Chevron precedent and emphasized the importance of executive-branch expertise in creating comprehensive protections for the public good.
During the conference, Kavanaugh shared insights into his personal life, mentioning that his two high school daughters have a significant influence on his off-bench time. He discussed attending a Taylor Swift concert in 2012 and taking his daughters to NCAA basketball tournaments, including one where they watched Iowa’s Caitlin Clark play. Kavanaugh recounted the decision to attend the tournament, describing it as one of the most expensive 48 hours due to securing tickets and flights. The conference occurred as the Supreme Court was finalizing decisions on various cases by its traditional late June deadline.
Overall, Kavanaugh’s remarks shed light on the intersection of his legal experience, judicial perspectives, and personal interests. His observations about presidential regulatory power, the role of the judiciary in setting boundaries, and the ongoing disputes before the court provide insight into his approach to complex legal issues. Additionally, his mention of personal activities like attending concerts and sporting events adds a humanizing element to his role as a Supreme Court Justice.
