Justice Kavanaugh “Definitely Pay[s] Attention” To the Press
Justice Kavanaugh spoke at the Eighth Circuit Judicial Conference. He was interviewed by Judge Sarah Pitlyk, who was his former law clerk. (Kavanaugh’s clerk tree continues to grow, with President Trump’s recent nominations to the Third and Sixth Circuits.)
I have yet to find a video of the event, but there are several press accounts. Politico offers this insight:
Kavanaugh also made clear he closely follows press coverage, podcasts and social media posts about the Supreme Court, what he described as “an ocean of criticism and critiques out there.”
“I’m aware of it. I definitely pay attention to it. I think you have to. We’re public officials who serve the American people. It’s not an academic exercise,” said Kavanaugh, who worked as a White House lawyer for President George W. Bush. “It’s important for maintaining public confidence in the judiciary and the Supreme Court to know how the opinions are being conveyed and received and understood by the American people.”
Oh I bet he does. Indeed, in 2021, the Supreme Court’s Public Information Office “clipped approximately 10,000 news articles related to the court and the justices, roughly half of them tweets.” The Justices have to go out of their way to not see this content.
I also appreciate that Justice Kavanaugh responded directly to Justice Kagan’s missives at the Ninth Circuit Conference about the lack of a written opinion for emergency docket orders.
Kavanaugh . . . said there can be a “danger” in writing those opinions. He said that if the court has to weigh a party’s likelihood of success on the merits at an earlier stage in litigation, that’s not the same as reviewing their actual success on the merits if the court takes up the case.
“So there could be a risk in writing the opinion, of lock-in effect, of making a snap judgment and putting it in writing, in a written opinion that’s not going to reflect the final view,” Kavanaugh said.
Kavanaugh is right. More and more, it seems that Justice Kavanaugh is speaking out in defense of what the majority is doing–his opinions in Labrador v. Poe and CASA were extremely important. He has become the explainer in chief! Chief Justice Rober
Article from Reason.com
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