Kavanaugh record hints at judicial activism in American election law

Newly publicized documents involving Judge Brett Kavanaugh should sharpen the focus on his approach to election law. These documents, combined with his prior decisions on money in politics, suggest that he is outside the mainstream and may engage in judicial activism that could threaten the remaining protections we have against elections dominated by a small group of anonymous donors. The documents reveal a deep skepticism of campaign contribution limits, which the Supreme Court has long upheld to protect against the corruption of our democracy.

Before a Senate confirmation vote, Kavanaugh should be pressed for answers about his opinions in several cases that leave a legacy suggesting he would be more aggressive in lifting restrictions on big money than Justice Anthony Kennedy, who was certainly no friend of reform, but who at least supported the disclosure of money in politics.

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