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01/12/2019

Daniel Chen & Elliott Ash: What Kind of Judge Is Brett Kavanaugh?
Michael Ramsey

Daniel L. Chen (Directeur de Recherche, Centre National de la Recherche Scientifique, Toulouse School of Economics, Institute for Advanced Study in Toulouse, University of Toulouse Capitole, Toulouse, France) and Elliott Ash (ETH Zurich) have posted What Kind of Judge Is Brett Kavanaugh? A Quantitative Analysis (Cardozo Law Review, 2018) on SSRN.  Here is the abstract:

This article reports the results of a series of data analyses of how recent Supreme Court nominee Brett Kavanaugh compares to other potential Supreme Court nominees and current Supreme Court Justices in his judging style. The analyses reveal a number of ways in which Judge Kavanaugh differs systematically from his colleagues. First, Kavanaugh dissents and is dissented against along partisan lines. More than other Judges and Justices, Kavanaugh dissents at a higher rate during the lead-up to elections, suggesting that he feels personally invested in national politics. Far more often than his colleagues, he justifies his decisions with conservative doctrines, including politicized precedents that tend to be favored by Republican-appointed judges, the original Articles of the Constitution, and the language of economics and free markets. These findings demonstrate the usefulness of quantitative analysis in the evaluation of judicial nominees.

(Via Larry Solum at Legal Theory Blog).