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Congressional Research Service: Kavanaugh has a "more restrictive view" of the Fourth Amendment

The Congressional Research Service, has published a report regarding Supreme Court nominee Judge Kavanaugh's jurisprudence. The nonpartisan CRS provides policy and legal analysis to committees and Members of both the House and Senate, regardless of party affiliation. The CRS report discusses Judge Kavanaugh's potential impact on the Supreme Court if confirmed. According to the report, Judge Kavanaugh has a "more restrictive view" on the constitutional right to be free of unreasonable searches and seizures than other judges on the D.C. Circuit Court of Appeals. Notably in Klayman v. Obama, Judge Kavanaugh stated that the National Security Agency's suspicionless surveillance of the American public was "entirely consistent with the Fourth Amendment." The report also includes an Appendix with tables that summarizes his rate of concurring and dissenting opinions relative to other judges on the D.C. Circuit and how his opinions have fared when reviewed by the Supreme Court.


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