The Claremont Institute

John Eastman on nomination of Judge Brett Kavanaugh for Supreme Court

July 10, 2018

Dr. John Eastman, founding director of Claremont's Center for Constitutional Jurisprudence, analyzes Trump's selection of Judge Brett M. Kavanaugh to fill Justice Anthony M. Kennedy’s seat on the Supreme Court.

At the 6:05 minute mark, Dr. Eastman specifically evaluates the nomination in the context of the administrative state.

"One of the major fights in the Supreme Court right now, and my own Supreme Court litigation center has been on the forefront of this fight, is pushing back against unelected bureaucrats in administrative agencies that are basically ruling our lives, from morning to night, cradle to grave, without any legal authority.

"These administrative law doctrines that have developed over the last number of decades are finally being called into question. One of the things that stands out about Brett Kavanaugh’s career on the D.C. Circuit Court of Appeals is his willingness to question some of those doctrines as a violation of core constitutional separation of powers principles. That is where a very big fight is going on in the Supreme Court right now, and I think that may well have tilted the scale in his favor on the nomination."

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