The Kavanaugh Hearing: A Battle of Two Constitutions

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July 26, 2018

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On July 9, President Donald Trump announced his nomination of Judge Brett Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit to succeed Supreme Court Justice Anthony Kennedy. Confirmation will not come without a fight. Progressives and other advocates of the "living Constitution" are already engaged in that battle. Judge Kavanaugh will be confronted with ideological challenges regarding his views on legal issues ranging from the powers of the administrative state to abortion rights. More broadly, critics of Judge Kavanaugh will no doubt take aim at his evident commitment to textualism and upholding the original meaning of the Constitution. How can supporters of Judge Kavanaugh best defend his nomination, answer these attacks, and use the confirmation process to advance the public's understanding of American constitutionalism?

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The Kavanaugh HearingOn JulyPresident Donald TrumpJudge Brett KavanaughUS CourtDC CircuitJudge KavanaughConstitution How

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The Kavanaugh Hearing: A Battle of Two Constitutions · The Heritage Foundation · Sentinel