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Brett Kavanaugh on War & Peace

 

 


Congressional authority needed for major foreign conflicts

In considering Judge Brett Kavanaugh's Supreme Court nomination, there are many important unknowns. In regard to national security and foreign affairs, however, there is little such ambiguity. Kavanaugh has a long, established track record on such matters - generally viewing them as issues for Congress and the executive, not the judiciary, to decide. A recurring theme across numerous Kavanaugh opinions is that a court cannot freelance on such matters. In a "Lawfare" review of Judge David Barron's book "Waging War," Kavanaugh lauded Barron's "originalist and historical-practice case" that congressional authorization is needed for substantial foreign conflicts and that Congress can regulate the president's conduct of warfare.
Source: LawfareBlog.com on lead-up to SCOTUS Confirmation Hearing , Aug 30, 2018

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Other Justices on War & Peace: Brett Kavanaugh on other issues:
Samuel Alito(since 2006)
Stephen Breyer(since 1994)
Ruth Bader Ginsburg(since 1993)
Elena Kagan(since 2010)
Anthony Kennedy(since 1988)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)

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Merrick Garland(nominated 2016)
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: Nov 02, 2018