Kavanaugh Addresses Judicial Conference

Supreme Court Justice Brett Kavanaugh, appointed by President Donald Trump, recently addressed the U.S. Court of Appeals for the Eighth Circuit judicial conference. During his speech, he discussed the increasing use of executive orders by recent presidents and their impact on the Supreme Court’s emergency docket. Kavanaugh’s remarks were reported by major news outlets, including The New York Times and CNN.

Presidential Use of Executive Orders

Kavanaugh noted that presidents from both political parties have increasingly relied on executive orders to implement policy objectives. He specifically mentioned Presidents Obama, Biden, and Trump as examples of this trend. This reliance has led to numerous legal challenges that often reach the Supreme Court’s emergency docket, where decisions are made more swiftly and sometimes without detailed explanations.

The Nature of the Emergency Docket

Unlike regular Supreme Court rulings, decisions on the emergency docket may lack comprehensive rationale. Kavanaugh acknowledged that while more written opinions are being issued for interim orders, there is a risk of these opinions not reflecting the final view of the court. This “lock-in effect” can potentially influence future decisions.

Supreme Court Collegiality

Despite the challenges posed by the emergency docket, Kavanaugh emphasized the strong collegiality among the nine justices. He described them as “patriots” and “good people” who support one another in their judicial duties. This camaraderie is crucial in maintaining a balanced and fair judicial process.

Trump’s Influence on the Supreme Court

During his presidency, Trump nominated three justices to the Supreme Court: Brett Kavanaugh, Amy Coney Barrett, and Neil Gorsuch. This significant influence means that one-third of the current justices were appointed by Trump, shaping the court’s dynamics and decision-making processes.