Antitrust, Political Economy, and the Nomination of Brett Kavanaugh

11 Pages Posted: 24 Sep 2018

See all articles by Chris Sagers

Chris Sagers

Cleveland-Marshall College of Law, Cleveland State University

Date Written: September 6, 2018

Abstract

The essay considers the record of Supreme Court nominee Brett Kavanaugh within antitrust law and related policies. Deep substantive engagement with a nominee’s record by subject-area experts—as an adjunct to review by generalist Senators and interest groups—seems desirable and missing from much of our debate, as to Supreme Court nominees of any background or persuasion. In this particular case it is uncommonly necessary, because the nominee is himself uncommon. Review of the antitrust cases, along with cases on cognate competition issues and the closely related context of net neutrality, turns out to be both stark and quite telling. It discloses a more generalized political economy and a more generalized approach to judging. In particular, Judge Kavanaugh has demonstrated a strongly ideological agenda and a willingness to pursue it with substantial disregard for precedent and statute.

Keywords: Kavanaugh, Supreme Court, Antitrust, Lochner

Suggested Citation

Sagers, Chris, Antitrust, Political Economy, and the Nomination of Brett Kavanaugh (September 6, 2018). Available at SSRN: https://ssrn.com/abstract=3245279 or http://dx.doi.org/10.2139/ssrn.3245279

Chris Sagers (Contact Author)

Cleveland-Marshall College of Law, Cleveland State University ( email )

2121 Euclid Avenue, LB 138
Cleveland, OH 44115-2214
United States

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