Justice Kavanaugh Lays Out His Roadmap In FCC. v. Consumers' Research

Justice Kavanaugh Lays Out His Roadmap In FCC. v. Consumers' Research

Justice Kavanaugh's concurrence in FCC v. Consumers' Research is one of his most significant separate writings. He lays out a roadmap for how he sees the separation of powers, and in particular the removal power cases. First, as I was reading Justice Kavanaugh's concurrence, I could hear the voice of a former White House lawyer. Indeed, Kavanaugh stresses how former Justices who served in the Executive Branch Court accepted the "intelligible pri…