Brett Kavanaugh on Corporations



Company can challenge onerous IRS reporting requirement

In CIC Services v. Internal Revenue Service, the Court ruled on the scope of the Anti-Injunction Act, a statute which limits lawsuits seeking to block the assessment or collection of a tax. The Court ruled that despite a federal law prohibiting lawsuits aimed at striking down taxes, not every IRS rule is considered a "tax" entitled to that kind of immunity.

KAVANAUGH wrote a concurrence, in which he characterized the Court's opinion as having "carved out a new exception" to existing case law. "Pre-enforcement suits challenging regulations backed by tax penalties are ordinarily not barred, even though those suits, if successful, would necessarily preclude the collection or assessment of what the Tax Code refers to as a tax."

Source: Law & Crime blog on 2021 SCOTUS cases: "Unanimous Decisions" , May 17, 2021

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

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Other Justices on Corporations: Brett Kavanaugh on other issues:
Samuel Alito(since 2006)
Amy Coney Barrett(since 2020)
Stephen Breyer(since 1994)
Neil Gorsuch(since 2017)
Ketanji Brown Jackson(nominated 2022)
Elena Kagan(since 2010)
Brett Kavanaugh(since 2018)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)

Former Justices:
Merrick Garland(nominated 2016)
Ruth Bader Ginsburg(1993-2020)
Anthony Kennedy(1988-2018)
Antonin Scalia(1986-2016)
John Paul Stevens(1975-2010)
David Souter(1990-2009)
Sandra Day O'Connor(1981-2006)
William Rehnquist(1975-2005)

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Page last updated: Mar 20, 2022