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The grand unified theory of Brett Kavanaugh’s jurisprudence is that contemporary presidents don’t have enough power, and the courts should expand executive authority to nearly monarchal heights. It is not a surprise, then, that this zealous supporter of the imperial presidency once questioned the most famous judicial incursion on presidential independence of modern history. On Sunday, the Associated Press’ Mark Sherman reported that, in 1999, Kavanaugh expressed reservations about the Supreme Court’s decision in United States v. Nixon, the Nixon tapes case. Maybe, he mused, “Nixon was wrongly decided” because it “took away the power of the president to control information in the executive branch.” Should it be overruled? “Maybe so,” he concluded.

from Stories from Slate https://ift.tt/2uYjhHK