Not a good title (because that’s not what his reasoning is) but a good article.
Kavanaugh warned that there is a “risk,” if the Court releases a majority opinion when the case reaches them on the shadow docket, “of a 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.”
It’s not an unreasonable argument in theory, but I think Kavanaugh is trying to have his cake and eat it too. If the judgement doesn’t need to be explained because it’s a sort of rough draft that may be significantly modified later, then the judgement should be made with caution and deference to precedent because it is, after all, a rough draft and making big changes without fully considering the consequences would be unwise. Therefore “We’re temporarily limiting the President’s powers to what they have traditionally been interpreted to be” wouldn’t need an explanation but “We’re temporarily approving a significant extension of the President’s powers” does need one, and I’m not just saying that because the President is Trump. I get the poor consolation of being consistently disappointed as both Democrats and Republicans expand the power of the executive branch. (There is, however, a dramatic difference in magnitude - Trump is expanding executive power more than any president since at least FDR.)
making a snap judgment and putting it in writing, in a written opinion that’s not going to reflect the final view.
Didn’t you… go to law school and learn how to consider a case before making a snap decision? I can’t imagine you can just write “reasoning to follow” on your bar exam.
Not a good title (because that’s not what his reasoning is) but a good article.
It’s not an unreasonable argument in theory, but I think Kavanaugh is trying to have his cake and eat it too. If the judgement doesn’t need to be explained because it’s a sort of rough draft that may be significantly modified later, then the judgement should be made with caution and deference to precedent because it is, after all, a rough draft and making big changes without fully considering the consequences would be unwise. Therefore “We’re temporarily limiting the President’s powers to what they have traditionally been interpreted to be” wouldn’t need an explanation but “We’re temporarily approving a significant extension of the President’s powers” does need one, and I’m not just saying that because the President is Trump. I get the poor consolation of being consistently disappointed as both Democrats and Republicans expand the power of the executive branch. (There is, however, a dramatic difference in magnitude - Trump is expanding executive power more than any president since at least FDR.)
Didn’t you… go to law school and learn how to consider a case before making a snap decision? I can’t imagine you can just write “reasoning to follow” on your bar exam.
You cannot do that for the exam, but right after, you can do all of the things the exam tried to teach you not to do.
You can also rape people along the way and be rewarded for it because justice is blind or something