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How SCOTUS Nominee Could Impact States’ Rights

The confirmation hearing for U.S. Circuit Court Judge Brett Kavanaugh, President Trump’s nominee to replace retiring Justice Anthony Kennedy, isn’t expected to begin until at least late August. But Kavanaugh’s rulings in a couple of cases that have come before the D.C. Circuit Court give some indication of his views on the balance of power between the federal government and the states.

 

In one case, for example, he decided that the Environmental Protection Agency had exceeded its authority in regulating greenhouse gases. And in another case, he questioned whether the Consumer Financial Protection Bureau had too much power outside of the oversight of Congress.

 

“His general, somewhat more skeptical approach toward federal agencies, which a lot of people have talked about, may have an echo in this area by being a little more protective of states’ role in these schemes,” said Ernest Young, a professor at Duke University School of Law. “But it’s just a couple of cases.” (STATELINE)