Supreme Court Justice Brett Kavanaugh spoke at an Austin judicial conference about his skepticism towards presidential assertions of regulatory power, citing his experience in the Bush administration. He discussed the pressures on administrations to push the limits of their statutory power regarding environmental, immigration, and health care regulations. Kavanaugh emphasized that he has a “B.S. detector” when hearing executive branch claims that something cannot be done, based on his firsthand experience in the Bush administration.
Kavanaugh highlighted the phenomenon of presidential candidates campaigning on reform agendas but facing challenges in implementing their priorities due to legislative processes and congressional gridlock. This leads presidents to push the boundaries of their regulatory authority, a practice that affects both political parties. Kavanaugh emphasized the role of the judiciary in policing these boundaries. As a 2018 appointee of former President Donald Trump, Kavanaugh’s remarks may give insight into the conservative court majority’s approach to pending disputes on federal regulation. The court has taken steps to constrain federal regulators across various sectors since the conservative majority formed in 2020.
The Supreme Court faces pending cases that could result in the most significant move against regulatory power in decades, particularly concerning the Chevron USA v. Natural Resources Defense Council decision from 1984. Business groups and Republican-run states argue that the Chevron principle has allowed unlawful bureaucratic intrusions and given the government an advantage in litigation. The Biden administration has defended the precedent, stressing the importance of executive-branch expertise and nationwide protections for the public good.
During his appearance at the judicial conference, Kavanaugh also shared anecdotes about his personal life, including his daughters controlling much of his off-bench time. He mentioned attending Taylor Swift concerts and taking his daughters to NCAA basketball tournaments, including one where they watched Iowa’s Caitlin Clark play. Kavanaugh recalled the experience as an “expensive” trip that was planned last minute but ultimately enjoyable for him and his family. The conversation shed light on Kavanaugh’s interests outside of the courtroom and his dedication to spending time with his children.
Overall, Kavanaugh’s remarks at the conference touched on his views on regulatory power and the role of the judiciary in overseeing the boundaries of executive authority. His comments reflect his experience in the Bush administration and his perspective on the challenges faced by presidents in implementing their agendas. The pending cases before the Supreme Court suggest potential shifts in the court’s approach to federal regulation, with implications for both business interests and government policies. Kavanaugh’s personal anecdotes added a lighthearted touch to the discussion, showcasing his interests and commitment to his family outside of his judicial duties.
