Brett Kavanaugh
Encyclopedia
Brett Michael Kavanaugh (born February 12, 1965) is a federal judge
on the United States Court of Appeals for the D.C. Circuit. He formerly was Staff Secretary in the Executive Office of the President of the United States
under President George W. Bush
.
A protege of Kenneth Starr
, Kavanaugh played a lead role in drafting the Starr report
, which urged the impeachment
of President Bill Clinton
. Kavanaugh also led the investigation into the suicide of Clinton aide Vincent Foster. After the 2000 U.S. Presidential election, in which Kavanaugh worked for the George W. Bush
campaign in the Florida recount
, Kavanaugh joined Bush's staff, where he led the Administration's effort to identify and confirm conservative judicial nominees.
Kavanaugh himself was nominated to the D.C. Appeals Court by Bush in 2003. His confirmation hearings were contentious and stalled for three years over charges of partisanship. Kavanaugh was ultimately confirmed in May 2006 after a series of negotiations between Democratic and Republican Senators.
, and raised in Bethesda, Maryland
, the son of Edward and Martha Kavanaugh. He is a Roman Catholic and graduated from the Georgetown Preparatory School
before going to Yale College
.
He received his B.A.
from Yale and his law degree from Yale Law School
, where he served as Notes Editor of the Yale Law Journal
. He is married to Ashley Estes, a native of Abilene, Texas
, who formerly served as Personal Secretary to the President in the White House at the same time as her future husband. They have two daughters.
Kavanaugh clerked for Supreme Court Justice Anthony Kennedy
, as well as Judge Alex Kozinski
of the Ninth Circuit
and Judge Walter Stapleton of the Third Circuit
. Prior to his Supreme Court clerkship, Kavanaugh earned a one-year fellowship in the Office of the Solicitor General
of the United States, Kenneth Starr
. The Solicitor General's office represents the United States before the Supreme Court.
Kavanaugh was later a partner at the law firm of Kirkland & Ellis
, where his practice focused on appellate matters. Kavanaugh also served as an Associate Counsel in the Office of Independent Counsel, where he handled a number of the novel constitutional and legal issues presented during that investigation and was a principal author of the Starr Report to Congress on the Monica Lewinsky
-Bill Clinton
and Vincent Foster investigation.
After George W. Bush
became president in 2001, Kavanaugh served for two years as Senior Associate Counsel and Associate Counsel to the President. In that capacity, he worked on the numerous constitutional, legal, and ethical issues handled by that office. Starting in 2003, he served as Assistant to the President and Staff Secretary. In that capacity, he was responsible for coordinating all documents to and from the president.
first nominated Kavanaugh to the D.C. Circuit on July 25, 2003, to a vacancy created by Judge Laurence H. Silberman
, who took senior status
in November 2000. Kavanaugh's nomination was stalled in the Senate for nearly three years. The Senate Judiciary Committee recommended confirmation on a 10-8 party-line vote on May 11, 2006, and Kavanaugh was thereafter confirmed by the U.S. Senate on May 26, 2006 by a vote of 57-36. On June 1, 2006, he was officially sworn in by Justice Anthony Kennedy
, for whom he had previously clerked, during a special Rose Garden ceremony at the White House. Kavanaugh was the fourth judge nominated to the D.C. Circuit by Bush and confirmed by the United States Senate
.
Kavanaugh began hearing cases on September 11, 2006 and had his formal investiture on September 27 at the Prettyman Courthouse
. His first published opinion was released on November 17, 2006. He authored the opinion of the court for a unanimous three-judge panel in the case of National Fuel Gas Supply Corp. v. FERC.
In July 2007 Democratic Senators Patrick Leahy
and Dick Durbin accused Kavanaugh of "misleading" the Senate committee during his nomination stemming from the Bush White House detention policy.
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
on the United States Court of Appeals for the D.C. Circuit. He formerly was Staff Secretary in the Executive Office of the President of the United States
Executive Office of the President of the United States
The Executive Office of the President consists of the immediate staff of the President of the United States, as well as multiple levels of support staff reporting to the President. The EOP is headed by the White House Chief of Staff, currently William M. Daley...
under President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
.
A protege of Kenneth Starr
Kenneth Starr
Kenneth Winston "Ken" Starr is an American lawyer and educational administrator who has also been a federal judge. He is best known for his investigation of figures during the Clinton administration....
, Kavanaugh played a lead role in drafting the Starr report
Starr Report
The Starr Report was an investigative account of United States President Bill Clinton by Independent Counsel Kenneth Starr and released on September 11, 1998.-Background:...
, which urged the impeachment
Impeachment of Bill Clinton
Bill Clinton, President of the United States, was impeached by the House of Representatives on charges of perjury and obstruction of justice on December 19, 1998, but acquitted by the Senate on February 12, 1999. Two other impeachment articles, a second perjury charge and a charge of abuse of...
of President Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
. Kavanaugh also led the investigation into the suicide of Clinton aide Vincent Foster. After the 2000 U.S. Presidential election, in which Kavanaugh worked for the George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
campaign in the Florida recount
Florida election recount
The Florida election recount of 2000 was a period of vote re-counting that occurred following the unclear results of the 2000 United States presidential election between George W. Bush and Al Gore, specifically the Florida results. The election was ultimately settled in favor of George W. Bush when...
, Kavanaugh joined Bush's staff, where he led the Administration's effort to identify and confirm conservative judicial nominees.
Kavanaugh himself was nominated to the D.C. Appeals Court by Bush in 2003. His confirmation hearings were contentious and stalled for three years over charges of partisanship. Kavanaugh was ultimately confirmed in May 2006 after a series of negotiations between Democratic and Republican Senators.
Background
Kavanaugh was born on February 12, 1965 in Washington, D.C.Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, and raised in Bethesda, Maryland
Bethesda, Maryland
Bethesda is a census designated place in southern Montgomery County, Maryland, United States, just northwest of Washington, D.C. It takes its name from a local church, the Bethesda Meeting House , which in turn took its name from Jerusalem's Pool of Bethesda...
, the son of Edward and Martha Kavanaugh. He is a Roman Catholic and graduated from the Georgetown Preparatory School
Georgetown Preparatory School
Georgetown Preparatory School is an American Jesuit college preparatory school for grades 9 through 12. It is the oldest all boys school in the United States, and the only Jesuit boarding school in the country...
before going to Yale College
Yale College
Yale College was the official name of Yale University from 1718 to 1887. The name now refers to the undergraduate part of the university. Each undergraduate student is assigned to one of 12 residential colleges.-Residential colleges:...
.
He received his B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
from Yale and his law degree from Yale Law School
Yale Law School
Yale Law School, or YLS, is the law school of Yale University in New Haven, Connecticut, United States. Established in 1824, it offers the J.D., LL.M., J.S.D. and M.S.L. degrees in law. It also hosts visiting scholars, visiting researchers and a number of legal research centers...
, where he served as Notes Editor of the Yale Law Journal
Yale Law Journal
The Yale Law Journal is a student-run law review affiliated with the Yale Law School. Published continuously since 1891, it is the most widely known of the eight law reviews published by students at Yale Law School...
. He is married to Ashley Estes, a native of Abilene, Texas
Abilene, Texas
Abilene is a city in Taylor and Jones counties in west central Texas. The population was 117,063 at the 2010 census. It is the principal city of the Abilene Metropolitan Statistical Area, which had a 2006 estimated population of 158,063. It is the county seat of Taylor County...
, who formerly served as Personal Secretary to the President in the White House at the same time as her future husband. They have two daughters.
Kavanaugh clerked for Supreme Court Justice Anthony Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
, as well as Judge Alex Kozinski
Alex Kozinski
Alex Kozinski is Chief Judge of the United States Court of Appeals for the Ninth Circuit, an essayist, and a judicial commentator.-Biography:...
of the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
and Judge Walter Stapleton of the Third Circuit
United States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
. Prior to his Supreme Court clerkship, Kavanaugh earned a one-year fellowship in the Office of the Solicitor General
United States Solicitor General
The United States Solicitor General is the person appointed to represent the federal government of the United States before the Supreme Court of the United States. The current Solicitor General, Donald B. Verrilli, Jr. was confirmed by the United States Senate on June 6, 2011 and sworn in on June...
of the United States, Kenneth Starr
Kenneth Starr
Kenneth Winston "Ken" Starr is an American lawyer and educational administrator who has also been a federal judge. He is best known for his investigation of figures during the Clinton administration....
. The Solicitor General's office represents the United States before the Supreme Court.
Kavanaugh was later a partner at the law firm of Kirkland & Ellis
Kirkland & Ellis
Kirkland & Ellis LLP is an international law firm with headquarters in Chicago, known for its profitability and its litigation, bankruptcy, intellectual property and private equity departments. Kirkland & Ellis is currently ranked as the ninth most prestigious law firm in the United States by...
, where his practice focused on appellate matters. Kavanaugh also served as an Associate Counsel in the Office of Independent Counsel, where he handled a number of the novel constitutional and legal issues presented during that investigation and was a principal author of the Starr Report to Congress on the Monica Lewinsky
Monica Lewinsky
Monica Samille Lewinsky is an American woman with whom United States President Bill Clinton admitted to having had an "improper relationship" while she worked at the White House in 1995 and 1996...
-Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
and Vincent Foster investigation.
After George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
became president in 2001, Kavanaugh served for two years as Senior Associate Counsel and Associate Counsel to the President. In that capacity, he worked on the numerous constitutional, legal, and ethical issues handled by that office. Starting in 2003, he served as Assistant to the President and Staff Secretary. In that capacity, he was responsible for coordinating all documents to and from the president.
D.C. Circuit nomination and confirmation
President George W. BushGeorge W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
first nominated Kavanaugh to the D.C. Circuit on July 25, 2003, to a vacancy created by Judge Laurence H. Silberman
Laurence H. Silberman
Laurence Hirsch Silberman is a senior federal judge on the United States Court of Appeals for the District of Columbia Circuit. He was appointed in October 1985 by Ronald Reagan and took senior status on November 1, 2000. He continues to serve on the court...
, who took senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
in November 2000. Kavanaugh's nomination was stalled in the Senate for nearly three years. The Senate Judiciary Committee recommended confirmation on a 10-8 party-line vote on May 11, 2006, and Kavanaugh was thereafter confirmed by the U.S. Senate on May 26, 2006 by a vote of 57-36. On June 1, 2006, he was officially sworn in by Justice Anthony Kennedy
Anthony Kennedy
Anthony McLeod Kennedy is an Associate Justice of the United States Supreme Court, having been appointed by President Ronald Reagan in 1988. Since the retirement of Sandra Day O'Connor, Kennedy has often been the swing vote on many of the Court's politically charged 5–4 decisions...
, for whom he had previously clerked, during a special Rose Garden ceremony at the White House. Kavanaugh was the fourth judge nominated to the D.C. Circuit by Bush and confirmed by the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
.
Kavanaugh began hearing cases on September 11, 2006 and had his formal investiture on September 27 at the Prettyman Courthouse
E. Barrett Prettyman United States Courthouse
The E. Barrett Prettyman Federal Courthouse is a historic building in Washington, D.C. It was built in 1949–50 and currently houses both the United States District Court for the District of Columbia and the United States Court of Appeals for the District of Columbia Circuit.-Significance:The...
. His first published opinion was released on November 17, 2006. He authored the opinion of the court for a unanimous three-judge panel in the case of National Fuel Gas Supply Corp. v. FERC.
In July 2007 Democratic Senators Patrick Leahy
Patrick Leahy
Patrick Joseph Leahy is the senior United States Senator from Vermont and member of the Democratic Party. He is the first and only elected Democratic United States Senator in Vermont's history. He is the chairman of the Senate Judiciary Committee. Leahy is the second most senior U.S. Senator,...
and Dick Durbin accused Kavanaugh of "misleading" the Senate committee during his nomination stemming from the Bush White House detention policy.
See also
- List of law clerks of the Supreme Court of the United States
- George W. Bush Supreme Court candidates