Lawfare
September 7, 2018
A bibliography of the Supreme Court nominee’s published writings and public comments on foreign relations, national security and related issues. We’ve sorted the significant ones by topic below and attempted to present them in rough order of importance. Throughout, we have provided annotations that summarize each piece’s contents and help to explain why they are notable.
This list builds upon other Lawfare coverage of Kavanaugh’s views on these issues, including commentary by Robert Loeb and Peter Margulies as well as a recent discussion on the Lawfare Podcast. That said, it does not include the judge’s writings on certain topics that are only tangentially related to foreign affairs and national security. Thus it omits writings that may be relevant to Kavanaugh’s views on the investigation by Special Counsel Robert Mueller, which both Benjamin Wittes and Steve Vladeck have discussed. And while our list addresses questions of privacy and surveillance, it does not include Kavanaugh’s writings on the Fourth Amendment more generally, which Orin Kerr has analyzed.