Judging Brett Kavanaugh and the Supreme Court with John Yoo

Recorded on August 28th, 2018.

Is Brett Kavanaugh ready for the Supreme Court? John Yoo, Yale Law alumnus and Hoover Institution visiting fellow, breaks down Kavanaugh’s law career in the U.S. Court of Appeals. Yoo argues that the United States has concentrated too much power in the Supreme Court since the New Deal era legislation and that the Supreme Court is now more powerful than Congress and the President. Based off of Kavanaugh’s past career, Yoo predicts that Kavanaugh will help reign in the power of the Supreme Court and give it back to the states.

Yoo argues that based off of the Constitution, power to decide social issues should reside with states rather than the court. According to Yoo, prior to the New Deal era, the Supreme Court focused on regulatory issues rather than social issues. He argues that momentous social legal decisions like Roe v. Wade and Obergefell v. Hodges are meant to be left to the individual states to decide.

Yoo analyzes the records of the current conservative justices and predicts that Kavanaugh will side more often with Justice Thomas and Justice Gorsuch, interpreting the Constitution as it was written by the founders, rather than by the changing will of the people.

About The Guest:

John Yoo is a visiting fellow at the Hoover Institution, a visiting scholar at the American Enterprise Institute, and a professor of law at the University of California Berkeley school of Law.

Additional Resources:

• Hoover Scholars Analyze Supreme Court Nominee Brett Kavanaugh
• Brett Kavanaugh's Supreme Influence
• Adam White: After Trump Taps Textualist Brett Kavanaugh For Supreme Court, The Confirmation Fight Ahead And Potential Impact On Midterm Elections
• Adam White Discusses The Background Of Brett Kavanaugh
• Brett Kavanaugh's Possible Impact On The Supreme Court
• Area 45: The Supreme Court and Judge Brett Kavanaugh
• The Libertarian: Judging Brett Kavanaugh