Brett M. Kavanaugh
How Judge Kavanaugh rules, drawn from 37 signed orders. Every observation links to the order it came from.
Judge Kavanaugh no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kavanaugh decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
An agency designation cannot rest on a thin record without a reasoned link between the evidence and the statutory date. A later isolated observation did not, without further explanation, establish that the property was occupied when the species was listed.
“Our conclusion in this case is thus quite narrow: The current record is simply too thin to justify the action the Service took.”
Expert testimony explaining the effects of prolonged abuse can support a duress instruction and establish prejudice when its absence undermines confidence in a conviction, even though deficient performance remains a separate question.
“And we conclude further that a duress instruction, together with the expert testimony, would have created a reasonable probability that the jury would have had a reasonable doubt respecting Nwoye’s guilt.”
Procedural preferences
An agency's regulatory objective cannot substitute for statutory authority. The operative text did not authorize mandatory replacement of substances outside the category Congress specified.
“Section 612 does not require (or give EPA authority to require) manufacturers to replace non-ozone-depleting substances such as HFCs.”
Cautions
Covered federal employees generally cannot use the Administrative Procedure Act to bypass the Civil Service Reform Act's exclusive procedures and limitations for challenging personnel actions.
“We have emphasized, moreover, that the CSRA is the exclusive avenue for suit even if the plaintiff cannot prevail in a claim under the CSRA.”
The passage of time does not itself eliminate the deliberative-process protection incorporated in Freedom of Information Act Exemption 5 because the statute contains no temporal cutoff.
“We must adhere to the text of FOIA and cannot judicially invent a new time limit for Exemption 5.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“We affirm the judgment of the District Court”
“We affirm the judgment of the District Court.”
“We affirm the judgment of the District Court.”
“We affirm the judgment of the District Court.”
“We grant Pasternack’s petition, vacate the Board’s decision, and remand to the Board for further proceedings consistent with this opinion.”
“We deny ATA’s petition for review.”
“FERC has satisfied our remand order, and we deny Washington Gas Light Company’s petition for review.”
“We affirm the judgment of the District Court.”
“We affirm the judgment of the District Court.”
“We deny the Hoopa Valley Tribe’s petition for review.”
A historical record
Judge Kavanaugh no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.