National Law Journal credits Heritage’s John Malcom with helping “populate the short lists to fill the earlier court vacancy left by Justice Antonin Scalia’s death.”

Back in 2016, Heritage released a list of several candidates to replace the late Antonin Scalia. “President Trump was very kind and credited the Heritage Foundation for having some influence on the matter” of Gorsuch’s nomination, said Malcolm, who directs our Meese Center for Legal and Judicial Studies.

One of those Heritage’s original short list was Brett Kavanaugh, now President Trump’s latest nominee to the Supreme Court. Kavanaugh is an originalist who applies the law as written, Malcolm noted, an “independent, fair-minded individual who is not going to prejudge cases.”

Malcolm fully expects Kavanaugh to be an outstanding success on the Supreme Court.  He points to the nominee’s record as a Judge on the U.S. Court of Appeals for the District of Columbia Circuit. It is a record of faithful adherence to the Constitution, Malcolm said, especially when it comes to keeping the executive branch’s power in check. He noted, for example, Kavanaugh’s criticism of the “Chevron doctrine,” the practice of deferring to the government’s interpretations of the law rather than to the text of the law.

Click here to read the rest of the interview.

Through your loyalty to the Heritage Foundation, you are providing President Trump with the strong nominees he needs for the highest court in the country. Thank you!

How do you think having another originalist judge will impact the Supreme Court’s decisions?

Comments (27)

Veda Connolly - August 4, 2018

Finally, another person who knows Constitutional law and believes in its application! Cavanaugh will be another great balance for the SJC.

Gary Schlieve - August 4, 2018

Liberals will no longer be able to abuse the SCOTUS to achieve their agenda, and will now have to accomplish their agenda rightfully, through Congress…the will of the people.

Gary Schlieve - August 4, 2018

…not to mention the confidence engendered for individuals and businesses who may come up against “administative laws”.

Peter - August 4, 2018

We need people (judges) that adhere to the rule of law. The constitution is the cornerstone our founders created as a guide. Kavanaugh, (C) will bring us back to center.

John Olofson - August 4, 2018

The makeup of the Court is headed in the right direction. There’s still important work to do. We must gain better control of Congress. In order to achieve that we must effectively and enthusiastically support president Trump. He deserves nothing less.

Diane Jones - August 4, 2018

he has qualifications galore. If he follows the Constitution as it is written, Great.
He promised to. Supreme Court does not make the laws or rewrites them. So far, back a ways; they wrote them. They said that corporations and Rich folks could give ANY amount to any candidate. We don’t want Congress to be OWNED as they are.
this has to stop. PAC $$ has to stop too. payola. Bribes.

William Coates - August 4, 2018

It would considerably improve our safety margin, now that we know how pliable John Roberts becomes under media pressure.
Past courts have wandered far from truly reading and interpreting the Constitution, as the justices bend to their individual prejudices and worldviews. There are still four justices who are more media-oriented and postmodernist in their worldviews than should be the case.

Ronald C Claydon - August 4, 2018

I love America the one Ronald Reagan led now the Vision of Dinald Trump

albert fred grant - August 4, 2018


John Young - August 4, 2018

The rule of law is required for continued existence of any society of more than a few members. This especially applies to our society of many millions of citizens and our system of citizen controlled government based on our constitutiont.
Any attempt to interfere with the rule of law must be viewed as an attempt to cause our country’s government fail.

Augusta - August 4, 2018

Until the “people” come back to “common sense”, the Constitution and the will of the people are still in danger.
We still refuse to recognize “abortion ” as “murder” and numerous other behaviors as immoral.
I received an email that an article in Teen Vogue on abortions ” they could be seen as funny “.
How sick is that!
Again… ” on Monday sense”.

Arthur Huey - August 4, 2018

Kavanaugh will bring stability and sensability to the SCOTUS. That will allow us to prosper and grow under the genius of our founding fathers that created our constitution. A unique group of learned individuals, many could recite the Illiad from memory.

jerry - August 4, 2018

Yes, it is an answer to my prayers that some will step forward to support the our right to a free nation. Keep up the great work your doing,

CMS Joe Santisteban, USAF, Ret. - August 4, 2018

I think the President is getting good advice and making excellent decisions. I fully support our Commander-In-Chief!

Vesta L Turner - August 4, 2018

The Constitution is the basis of all of our freedoms and having an originalist on the court is very important. The court has strayed into legislative waters and Brett Kavanaugh will resist those kinds of actions by the courts.

Judith Neese - August 4, 2018

I pray that our Constitution will be used to support decisions and not unconstitutional political ideologies! We must get back to being a nation of laws and a government of equally balanced 3 branches! 🇺🇸 🙏

Bill Dove - August 4, 2018

Once Justice Kavanaugh has published a few rulings with the court’s majority, I think tht lower court judges will be far less willing to legislate from the bench, since they will know that the appeal of their bogus reasoning to the Supreme Court will result in a reversal of their rulings. They will have a self-restraint that has been woefully lacking over the past few decades. Who knows, even the 9th circus court of appeals may even ecome more reasonable.

ROBERT JACOBSEN - August 4, 2018

Has to help with strict Constitutional decisions and end the writing of law.

Paula A. Hicks - August 4, 2018

Will go a long way towards restoring the three divisions of government as the forefathers established. A return to Constitutional law, and not so much “feeling” involved in difficult decisions. (I will admit, that can’t be easy, so I do admire them.)

William L Edmiston - August 5, 2018

Having one more is just replacing another conservative Judge with another. Justice Kennedy was conservative with a few ruff edges. I’m not sure Judge Kavanaugh does not have those same ruff edges. If Justice Ginsburg expires then we have a chance to make some serious changes in the Supreme Court and the country. Justice Kegan and Sotamyour will be ther forever. Republicans must hold the Senate and got rid of the RIno’s.

Garry Zatarain - August 5, 2018

For too long the Supreme Court has be legislating law. His constitutional approach to measure the challenges as they come to the highest court in the land should help to return this country back to a lawful and constitutional system. Preserving our form of governing is critical as it balances a design for the world to emulate.

Virginia - August 6, 2018

Judge Kavenaugh will adhere to the Constitutional law, and not to the secular interpretation of the law. He will have the courage and conviction to stand for constitutional values.

Linda Carpenter - August 6, 2018

I think BK will make most sensible and better decisions based on the law. He’s the man for the job!

LTurn9 - August 6, 2018

it’ll be nice to have a judge who applies what is in the Constitution (like Thomas, Scalia, etc) rather than what is popular in the Left’s soup of the day. But I still don’t know what SCOTUS Roberts was thinking when he suggested the costs of obamacare should be called a tax to pass legal muster. I never thought he would cave like that. I pray Kavanaugh won’t surprise us. But all I’ve heard about BK is positive. Now if the Republicans will stick together and pass his nomination.

Cheryl Grosser - August 7, 2018

The background of a nominee is vital. We need judges with backbone to follow and use the law as is written. No politics. Kavanaugh is a perfect selection. So far so good.

Harvey J. - August 7, 2018

Amen!.. Interpreting & upholding our BELOVED CONSTITUTION. That path will
give our Republic the strength & integrity
to sustain our people for generations to come.

Jo Ann Martinez - August 9, 2018

The liberals will not be happy but, having a judge that upholds the US Constitution would be a wonderful plus for our dear
United States of America. Thank God we still have people that treasure our country and are willing to fight for it.

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