Kavanaugh’s extra-judicial writing and speeches (Updated)
on Jul 20, 2018 at 5:18 pm
[Editor’s Note: This post has been updated to include a link to Judge Brett Kavanaugh’s written questionnaire for the Senate Judiciary Committee and supporting documents.]
We’ve collected extra-judicial writing, speeches and panel appearances of Judge Brett Kavanaugh. We may continue to update this post as we find additional materials.
Articles and speech transcripts published in law reviews
“Defense Presence and Participation: A Procedural Minimum for Batson v. Kentucky Hearings,” published in Volume 99 of the Yale Law Journal, 1989
“The President and the Independent Counsel,” published in Volume 86 of the Georgetown Law Journal, 1997
“Separation of Powers During the Forty-Fourth Presidency and Beyond,” published in Volume 93 of the Minnesota Law Review, 2008
“War, Terror, and the Federal Courts, Ten Years After 9/11,” Published in Volume 61, Issue 5, of the American University Law Review, 2012 (subscription may be required)
“A Dialogue with Federal Judges on the Role of History in Interpretation,” transcript of a 2011 panel discussion published in Volume 80, Number 6, of the George Washington Law Review, 2012
Sumner Canary Memorial Lecture: “The Courts and the Administrative State,” published in Valume 64, Issue 3, of the Case Western Reserve Law Review, 2014
“Our Anchor for 225 Years and Counting: The Enduring Significance of the Precise Text of the Constitution,” Published in Volume 89, Issue 5, of the Notre Dame Law Review, 2014
“Fixing Statutory Interpretation,” a book review of “Judging Statutes,” by Robert Katzmann, published in Volume 129 of the Harvard Law Review, 2015
“The Judge as Umpire: Ten Principles,” a transcript of a speech given as part of the Pope John XXIII Lecture Series at the Catholic University of America, published in Volume 65, Issue 3, of the Catholic University Law Review, 2016
Keynote Address for the Federal Courts, Practice & Procedure Symposium: Justice Scalia and the Federal Courts: “Two Challenges for the Judge as Umpire: Statutory Ambiguity and Constitutional Exceptions,” published in Volume 92, Issue 5, of the Notre Dame Law Review, 2017
Additional writings
“First Let Congress Do Its Job,” Letter to the editor published in The Washington Post, 1999
“Starr Report,” Letter to the editor published in The New York Times, 1999
“To Us, Starr is an American Hero,” Op-ed published with Robert Bittman and Solomon Wisenberg in The Washington Post, 1999
“We All Supported Kenneth Starr,” Letter to the editor published in The Washington Post, 1999
“Indictment of an Ex-President,” Letter to the editor published with Robert Bittman in The Washington Post, 1999
“Are Hawaiians Indians? The Justice Department Thinks So,” Op-ed published in The Wall Street Journal, 1999
“The Law of Judicial Precedent,” Thomson West, 2016 (with 12 others)
Senate Judiciary Committee Questionnaire, 2018
Additional speeches and public appearances
“Independent Counsel Statute Future,” American Bar Association panel, C-SPAN, 1998
“Independent Counsel Structure & Function,” American Bar Association panel, C-SPAN, 1998
“Kenneth Starr Appreciation Dinner,” C-SPAN, 1999
“Republican Legal Issues,” Republican National Lawyers Association panel, C-SPAN, 2002
“Role and Responsibilities of Executive Branch,” American Judicature Society, C-SPAN, 2002
Senate Judiciary Committee Hearings, May 9, 2006
“Intellectual Property: American Exceptionalism or International Harmonization?” Federalist Society National Lawyers Convention panel, 2007
“Religious Liberty and the Limits of Government Power,” Federalist Society National Lawyers Convention panel, 2009
“Moot Court on the Rationing of Health Care,” National Constitution Center, C-SPAN, 2010
“Anonymity and The First Amendment,” Federalist Society National Lawyers Convention panel, 2010
“Judgment at Agincourt Moot Court Trial,” Shakespeare Theare Company, C-SPAN, 2010
“Judicial Decision-Making,” SMU Dedman Law panel, 2011
“The Welfare State and American Exceptionalism,” Federalist Society Annual Student Symposium panel, 2011
“Attorneys Fees in Class Actions,” Federalist Society National Lawyers Convention panel, 2011
“The Rule of Law and the Administrative State,” Federalist Society Annual Student Symposium panel, 2012
“The Administrative State After the Health Care Cases,” Federalist Society National Lawyers Convention panel, 2012
“The FCC vs. the First Amendment,” Federalist Society National Lawyers Convention panel, 2013
“Deference Meets Delegation: Which is the Most Dangerous Branch?” Federalist Society National Lawyers Convention panel, 2015
“Federal Courts and Public Policy,” American Enterprise Institute, C-SPAN, 2016
“Law and Romeo and Juliet,” Shakespeare Theatre Company, C-SPAN, 2017
Joseph Story Lecture: “The Role of the Judiciary in Maintaining the Separation of Powers,” The Heritage Foundation, 2017
“The Future of Antitrust: Is the Consumer Welfare Standard Still Up to the Task or Is It Time for a ‘Better Deal’?,’” Federalist Society National Lawyers Convention panel, 2017
2017 Walter Berns Constitution Day Lecture: “From the Bench: The Constitutional Statesmanship of Chief Justice William Rehnquist,” American Enterprise Institute, 2017
129th Commencement Address, Catholic University of American Columbus School of Law, 2018
Remarks accepting nomination to the Supreme Court, July 9, 2018
