@chris_j_walker didn't address Aiken (Yucca Mtn) and its remarkable 12-page critique of Humphrey's & agency independence. Kavanaugh repeated these themes in PHH. He had the necessary caveat about precedent as a circuit judge, but he is hinting at more.https://slate.com/news-and-politics/2018/07/brett-kavanaugh-would-give-donald-trump-unprecedented-new-powers.html …
-
-
-
2/ Kavanaugh's Yucca concurrence and PHH opinions included this remarkable quotation from another scholar: “Humphrey’s Executor, as commentators have noted, is one of the more egregious opinions to be found on pages of the United States Supreme Court Reports.” Really?
-
3/ I think it's a fair reading that Kavanaugh is at least hinting that he'd overturn Humphrey's and end job security in independent agencies (the Fed, etc). I'm interested in his hearings, but for now, I'd say such hints suggest an extreme view of presidential power.
-
4/ Connect these pieces: A. Kavanaugh's criticism of US v. Nixon in 1999 (reversed later) B. His exaggeration there is "nearly universal consensus" that Scalia's Morrison dissent is right. Really? C. His long critique of Humphrey's and independent agencies. Serious questions.
End of conversation
New conversation -
-
-
Thanks Rick for the kind words.
Thanks. Twitter will use this to make your timeline better. UndoUndo
-
-
-
I wrote about Kavanaugh’s Major Rules Doctrine for my student note finished just a few weeks ago. You can read it here, if interested: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3215295 …
Thanks. Twitter will use this to make your timeline better. UndoUndo
-
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.