Brett Kavanaugh in Vox Media


On Corporations: Federal regulatory agencies are threat to individual liberty

The real debate in the American judiciary is whether the Constitution allows the people's elected representatives to meaningfully regulate the national economy. Kavanaugh clearly believes it does not: He has called the existence of independent regulatory agencies--notably including the Consumer Financial Protection Bureau but potentially the entire alphabet soup of FCC, FTC, CFTC, SEC, FEC, etc.--a "threat to individual liberty."
Source: Vox.com on lead-up to SCOTUS Confirmation Hearing Jul 12, 2018

On Gun Control: Banning semiautomatic rifles & handgun registration unlawful

On the historical and traditional grounds, Kavanaugh argued that the ban on semiautomatic rifles and handgun registration requirements are unconstitutional. He reasoned that semiautomatic rifles "have not traditionally been banned and are in common use by law-abiding citizens for self-defense." Similarly, he claimed that the "registration of all lawfully possessed guns--as distinct from licensing of gun owners or mandatory recordkeeping by gun sellers - has not traditionally been required."
Source: Vox.com on lead-up to SCOTUS Confirmation Hearing Sep 5, 2018

On Principles & Values: Neutral laws may impact religious groups

Barrett's opinion, which Justice Brett Kavanaugh joined, is slightly to the left of Gorsuch's view. Though Barrett agrees with Gorsuch that "if a chorister can sing in a Hollywood studio but not in her church, California's regulations cannot be viewed as neutral," she concedes that the "record is uncertain" regarding what rules apply to film studios. Significantly, Barrett's opinion also suggests that she does not want to tear down completely the distinction between cases involving religious discrimination and cases involving universally applicable laws. "It remains unclear whether the singing ban applies across the board (and thus constitutes a neutral and generally applicable law) or else favors certain sectors (and thus triggers more searching review)," Barrett writes.
Source: Vox.com on 2021 SCOTUS "First opinion" Feb 6, 2021

The above quotations are from Vox Media (news website).
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Page last updated: Dec 02, 2023