On the second day of the Brett Kavanaugh confirmation hearings, the Supreme Court nominee’s legal record is under close scrutiny. While far from is most important ruling, his last signed opinion as an appellate court judge provides a window into his judicial philosophy.
In a split decision on July 9, Kavanaugh’s vote decided my Freedom of Information Act (FOIA) lawsuit for certain JFK assassination files. As fellow judge Karen Henderson pointed out in a stinging dissent, the majority decision ignored precedent and invented mandate.
Substantively, Kavanaugh’s decision undermined a key feature of FOIA law and strengthened the CIA and other agencies that want to keep embarrassing secrets out of the public record–even when they are more than 50 years old. That’s why I’m appealing the decision.