"The Kavanaugh Hearing: A Battle of Two Constitutions" Panel
By The James Wilson Institute •
Posted on May 12 2025
On Wednesday July 25th, the James Wilson Institute co-hosted a panel with the Claremont Institute and the Heritage Foundation on the hearing of Judge Brett Kavanaugh for the position of Associate Justice of the Supreme Court of the United States. Professor Hadley Arkes was the moderator for the discussion which featured keen insights from a distinguished panel of legal scholars: John Eastman, Thomas Jipping
On July 9, President Donald Trump announced his nomination of Judge Brett Kavanaugh of the U.S. Court of Appeals for the D.C. Circuit to succeed Supreme Court Justice Anthony Kennedy. Confirmation will not come without a fight. Progressives and other advocates of the “living Constitution” are already engaged in that battle. Judge Kavanaugh will be confronted with ideological challenges regarding his views on legal issues ranging from the powers of the administrative state to abortion rights. More broadly, critics of Judge Kavanaugh will no doubt take aim at his evident commitment to textualism and upholding the original meaning of the Constitution. How can supporters of Judge Kavanaugh best defend his nomination, answer these attacks, and use the confirmation process to advance the public’s understanding of American constitutionalism? Can there even be a serious argument over the Constitution in the current format of this type of confirmation hearing? Our distinguished panel of legal scholars and Supreme Court experts will discuss the best strategies as the Senate Judiciary Committee prepares for its hearing.