*From:* George Condon <xxx@nationaljournal.com>

*Date:* August 28, 2018 at 5:36:02 EDT

*Subject:* *Pool Report #3 - Kavanaugh letter*

From Raj Shah:

Attached and pasted below is a letter that was co-signed by nearly 150 legal scholars and professors earlier today encouraging the confirmation of Judge Brett Kavanaugh to the U.S. Supreme Court.____


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August 28, 2018____

The Honorable Charles Grassley, Chairman____

Committee on the Judiciary____

United States Senate____

135 Hart Senate Office Building____

Washington, D.C. 20510____

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The Honorable Dianne Feinstein, Ranking Member____

Committee on the Judiciary____

United States Senate____

331 Hart Senate Office Building____

Washington, D.C. 20510____

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Dear Chairman Grassley and Ranking Member Feinstein:____

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We are a diverse group of legal scholars who hold varied opinions about politics, legal scholarship, and the proper way to resolve cases that come before the Supreme Court. But we all agree that Judge Brett M. Kavanaugh displays outstanding scholarly and academic virtues and that he would bring to the Court an exceptional record of distinction in judicial service.____


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Many of us have learned from Judge Kavanaughs articles, speeches, and opinions, which have contributed significantly to the scholarly literature and prompted thoughtful discussion. For instance, Judge Kavanaughs 2016 book review, Fixing Statutory Interpretation, is exemplary. The review discussed a recent volume on interpretive methodology by Chief Judge Robert Katzmann of the U.S. Court of Appeals for the Second Circuit, who responded at the time that he could not have hoped for a more thoughtful examination of the subject by Judge Kavanaugh, a rightfully highly regarded jurist and colleague. Chief Judge Katzmann also observed that the fresh ideas in Judge Kavanaughs essay would open up new lines of thinking. Much like Chief Judge Katzmann, we are challenged and edified by Judge Kavanaughs writings, even if we disagree with them.____


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We are also impressed by Judge Kavanaughs long record of teaching and mentoring students of diverse backgrounds. Judge Kavanaughs appearances at many law schools to meet students, give addresses, and judge moot courts have helped to provide a generation of law students with valuable insight into the federal judiciary. Further, for about a decade, Judge Kavanaugh has been the instructor for hundreds of students at several law schools, including Yale and Harvard Law Schools and the Georgetown University Law Center, where he taught courses on topics such as the separation of powers and the Supreme Court. The Deans of both Harvard and Yale Law Schools have praised him as a mentor to their students. Several of Judge Kavanaughs academic colleagues have also described him as a terrific judge whose opinions are smart, thoughtful, and clear, a judge who commands wide and deep respect, and one of the most learned judges in America on a variety of issues.____


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In contributing to scholarship and law teaching, Judge Kavanaugh has a wealth of experiences to draw on. When he was nominated,"USA Today"described Judge Kavanaugh as, on paper, possibly the most qualified Supreme Court nominee in generations. His varied and extensive legal experience spans private practice, the law school classroom, appellate advocacy including in the Supreme Court, and decades of government service. On the bench, Judge Kavanaugh has earned a reputation for issuing carefully crafted opinions. Because of his expertise in his craft and his laudable judicial temperament, he has received widespread, bipartisan praise. Donald Verrilli, who served as Solicitor General to President Obama, called Kavanaugh a distinguished jurist by any measure. Lisa Blatt, one of the leading Supreme Court litigators of her generation, calls Kavanaugh a superstar within the mainstream of legal thought. And Yale Law Professor Akhil Amar wrote in the"New York Times"that Kavanaugh is a jurist with impeccable credentials, great intellect, unbiased judgment, and deep reverence for the laws and Constitution.____


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If he is confirmed as a Supreme Court justice, we believe that Judge Kavanaugh would continue to help build productive bridges between the bench, legal practitioners, and the academy. His careful consideration of legal issues and intellectual precision during his twelve years on the court of appeals is a strong indication of the rigor we expect he would bring to service on the Supreme Court were the Senate to confirm him.*____


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Respectfully,____

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Michael B. Abramowicz____

Carville Dickinson Benson Research Professor of Law____

The George Washington University Law School____

____

Jonathan H. Adler____

Johan Verheij Memorial Professor of Law____

Case Western Reserve University School of Law____

____

Richard Albert____

William Farish Professor of Law____

The University of Texas School of Law____

____

John P. Anderson____

Professor of Law____

Mississippi College School of Law____

____

Jodi S. Balsam____

Associate Professor of Clinical Law____

Brooklyn Law School____

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Daniel Barnhizer____

Bradford Stone Faculty Scholar____

Michigan State University College of Law____

____

William Baude____

Professor of Law____

University of Chicago Law School____

____

Anthony J. Bellia Jr.____

OToole Professor of Constitutional Law____

University of Notre Dame Law School____

____

Lackland H. Bloom, Jr.____

Professor of Law and Larry and Jane Harlan Senior Research Fellow____

Dedman School of Law, Southern Methodist University____

____

Randolph Braccialarghe____

Professor of Law____

Shepard Broad College of Law, Nova Southeastern University____

____

Lester Brickman____

Emeritus Professor of Law____

Benjamin N. Cardozo School of Law____

____

Francis H. Buckley____

George Mason University Foundation Professor of Law____

Antonin Scalia Law School, George Mason University____

____

Henry N. Butler____

Dean and George Mason University Foundation Professor____

Executive Director, Law and Economics Center____

Antonin Scalia Law School, George Mason University____

____

Steven G. Calabresi____

Clayton J. and Henry R. Barber Professor of Law____

Northwestern Pritzker School of Law____

____

William J. Carney____

Charles Howard Candler Professor of Law Emeritus____

Emory Law School____

____

Robert Chesney____

James Baker Chair in Law____

The University of Texas School of Law____

____

Timothy P. Chinaris____

Associate Dean for Information Services and Professor of Law____

Belmont University College of Law____

____

Rodney D. Chrisman____

Professor of Law____

Liberty University School of Law____

____

Bradford R. Clark____

William Cranch Research Professor of Law____

George Washington University Law School____

____

Robert F. Cochran, Jr.____

Louis D. Brandeis Professor of Law____

Pepperdine University____

____

Lloyd Cohen____

Professor of Law____

Antonin Scalia Law School, George Mason University____

____

Juscelino F. Colares____

Schott-van den Eynden Professor of Business Law and Professor of Political Science____


Case Western Reserve University School of Law____

____

G. Marcus Cole____

The William F. BaxterVisa International Professor of Law____

Stanford Law School____

____

Daniel A. Crane____

Frederick Paul Furth, Sr. Professor of Law____

University of Michigan Law School____

____

Barry Cushman____

John P. Murphy Foundation Professor of Law, Concurrent Professor of Political Science, and Concurrent Professor of History____


University of Notre Dame Law School____

____

Michael Davis____

Assistant Professor of Law____

Antonin Scalia Law School, George Mason University____

____

Eric DeGroff____

Professor____

Regent University School of Law____

____

George W. Dent, Jr.____

Schott-van den Eynden Professor of Law Emeritus____

Case Western Reserve University School of Law____

____

Gregory Dolin____

Associate Professor of Law____

University of Baltimore School of Law____

____

John F. Duffy____

Samuel H. McCoy II Professor of Law____

Elizabeth D. and Richard A. Merrill Professor of Law____

University of Virginia School of Law____

____

Dwight G. Duncan____

Professor____

University of Massachusetts School of Law____

____

Richard F. Duncan____

Sherman S. Welpton, Jr. Professor of Law____

Warren R. Wise Professor of Law____

University of Nebraska College of Law____

____

Cecile Edwards____

Professor of Law____

Mississippi College School of Law____

____

Richard A. Epstein____

Laurence A. Tisch Professor of Law, The New York University School of Law____

The Peter and Kirsten Bedford Senior Fellow, The Hoover Institution____

The James Parker Hall Distinguished Service Professor Emeritus and Senior Lecturer, The University of Chicago____


____

Nita Farahany____

Professor of Law & Philosophy____

Duke University School of Law____

____

Allen Ferrell____

Greenfield Professor of Securities Law____

Harvard Law School____

____

Daniel R. Fischel____

Lee and Brena Freeman Professor Emeritus of Law and Business, Senior Lecturer____


The University of Chicago Law School____

____

Brian Fitzpatrick____

Professor of Law, Vanderbilt Law School____

Visiting Professor, Harvard Law School____

____

Elizabeth Price Foley____

Professor of Law____

Florida International University College of Law____

____

Bruce P. Frohnen____

Ella and Ernest Fisher Professor of Law____

Ohio Northern University College of Law____

Nicole Stelle Garnett____

____

John P. Murphy Foundation Professor of Law____

University of Notre Dame Law School____

Richard W. Garnett____

____

Paul J. Schierl/Fort Howard Corporation Professor of Law____

Concurrent Professor of Political Science____

University of Notre Dame Law School____

____

Patrick Garry____

Professor of Law____

University of South Dakota School of Law____

____

Robert P. George____

McCormick Professor of Jurisprudence, Princeton University____

Visiting Professor, Harvard Law School____

____

Mary Ann Glendon____

Learned Hand Professor of Law____

Harvard Law School____

____

Michael Greve____

Professor of Law____

Antonin Scalia Law School, George Mason University____

____

Sean J. Griffith____

T.J. Maloney Chair and Professor of Law____

Fordham Law School____

____

Gail Heriot____

Professor of Law____

University of San Diego School of Law____

____

Joel D. Hesch____

Professor of Law____

Liberty University School of Law____

____

Robert W. Hillman____

Distinguished Professor of Law____

University of California, Davis____

____

Roderick M. Hills, Jr.____

William T. Comfort III Professor of Law____

The New York University School of Law____

____

Shon Hopwood____

Associate Professor of Law____

Georgetown Law School____

____

Scott C. Idleman____

Professor of Law____

Marquette University Law School____

____

Jamil N. Jaffer____

Director, National Security Law & Policy Program and Founder, National Security Institute____


Antonin Scalia Law School, George Mason University____

____

Erik M. Jensen____

Coleman P. Burke Professor Emeritus of Law____

Case Western Reserve University School of Law____

____

D. Bruce Johnsen____

Professor of Law____

Antonin Scalia Law School, George Mason University____

____

Lyman Johnson____

Robert O. Bentley Professor of Law, Washington and Lee University School of Law____


Professor of Law, University of St. Thomas School of Law____

____

Steve R. Johnson____

Dunbar Family Professor of Law____

Florida State University College of Law____

____

Jason Scott Johnston____

Henry L. and Grace Doherty Charitable Foundation Professor____

University of Virginia School of Law____

____

Douglas Kahn____

Paul G. Kauper Emeritus Professor____

University of Michigan Law School____

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William Kelley____

Associate Professor of Law____

University of Notre Dame Law School____

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Joshua Kleinfeld____

Professor of Law____

Northwestern Pritzker School of Law____

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Donald J. Kochan____

Professor of Law and Associate Dean for Research & Faculty Development____

Chapman University Dale E. Fowler School of Law____

____

Eugene Kontorovich____

Professor of Law____

Antonin Scalia Law School, George Mason University____

____

JoAnn Koob____

Assistant Professor____

Antonin Scalia Law School, George Mason University____

____

Charles R. Korsmo____

Professor of Law____

Case Western Reserve University School of Law____

____

Michael I. Krauss____

Professor of Law____

Antonin Scalia Law School, George Mason University____

____

Julian Ku____

Senior Associate Dean for Academic Affairs____

Maurice A. Deane Distinguished Professor of Constitutional Law____

Maurice A. Deane School of Law at Hofstra University____

____

Kurt T. Lash____

E. Claiborne Robins Distinguished Professor of Law____

University of Richmond School of Law____

____

Robert Leider____

Assistant Professor of Law____

Antonin Scalia Law School, George Mason University____

____

Craig S. Lerner____

Professor of Law____

Antonin Scalia Law School, George Mason University____

____

Rene Lettow Lerner____

Donald Phillip Rothschild Research Professor of Law____

George Washington University Law School____

____

Tory L. Lucas____

Professor of Law____

Liberty University School of Law____

____

Daniel Lyons____

Associate Professor of Law____

Boston College Law School____

____

Julia D. Mahoney____

John S. Battle Professor of Law____

Class of 1963 Research Professor in Honor of Graham C. Lilly and Peter W. Low____


University of Virginia School of Law____

____

Paul Mahoney____

David and Mary Harrison Distinguished Professor of Law____

University of Virginia School of Law____

____

Joyce Malcolm____

Patrick Henry Professor of Constitutional Law and the Second Amendment____

Antonin Scalia Law School, George Mason University____

____

Earl M. Maltz____

Distinguished Professor of Law____

Rutgers University School of Law____

____

Jennifer L. Mascott____

Assistant Professor of Law____

Antonin Scalia Law School, George Mason University____

____

Michael W. McConnell____

Senior Fellow, Hoover Institution____

Director of the Constitutional Law Center, Stanford Law School____

Richard and Frances Mallery Professor of Law, Stanford Law School____

____

Barry P. McDonald____

2018-19 Straus Research Professor of Law____

Pepperdine University School of Law____

____

Phillip L. McIntosh____

Associate Dean for Academic Affairs & Professor of Law____

Mississippi College School of Law____

____

Marah Stith McLeod____

Associate Professor of Law____

University of Notre Dame Law School____

____

Roger Meiners____

Goolsby-Rosenthal Chair in Economics and Law____

University of Texas-Arlington____

____

Robert T. Miller____

Professor of Law and F. Arnold Daum Fellow in Corporate Law____

University of Iowa College of Law____

____

Luke Milligan____

Professor of Law____

University of Louisville Brandeis School of Law____

____

Michael P. Moreland____

University Professor of Law and Religion____

Villanova University Charles Widger School of Law____

____

Michael T. Morley____

Assistant Professor of Law____

Florida State University College of Law____

____

Timothy J. Muris____

George Mason University Foundation Professor of Law____

Antonin Scalia Law School, George Mason University____

____

Richard E. Myers II____

Henry Brandis Distinguished Professor of Law____

University of North Carolina School of Law____

____

John Copeland Nagle____

John N. Matthews Professor____

University of Notre Dame Law School____

____

Grant S. Nelson____

Professor of Law Emeritus, UCLA School of Law____

William H. Rehnquist Professor of Law Emeritus, Pepperdine University____

____

Christopher M. Newman____

Associate Professor____

Antonin Scalia Law School, George Mason University____

____

Aaron Nielson____

Associate Professor of Law____

Brigham Young University Law School____

____

Dale Oesterle____

Chaired Professor____

Moritz College of Law, The Ohio State University____

____

Gregory L. Ogden____

Professor of Law____

Pepperdine University School of Law____

____

John Ohnesorge____

George Young Bascom Professor of Business Law____

University of Wisconsin Law School____

____

Jeffrey Pojanowski____

Professor of Law, University of Notre Dame Law School____

Visiting Professor, Harvard Law School____

____

Daniel Polsby____

Professor of Law____

Antonin Scalia Law School, George Mason University____

____

Saikrishna Prakash____

James Monroe Distinguished Professor of Law____

Paul G. Mahoney Research Professor of Law____

University of Virginia School of Law____

____

Stephen B. Presser____

Raoul Berger Professor of Legal History Emeritus____

Northwestern Pritzker School of Law____

____

Robert J. Pushaw____

James Wilson Endowed Professor of Law____

Pepperdine University School of Law____

____

Michael D. Ramsey____

Hugh and Hazel Darling Foundation Professor of Law____

University of San Diego School of Law____

____

Michael Rappaport____

Hugh and Hazel Darling Foundation Professor of Law____

University of San Diego School of Law____

____

Richard M. Re____

Assistant Professor of Law____

UCLA School of Law____

____

Nicholas Quinn Rosenkranz____

Professor of Law____

Georgetown Law School____

____

Randall W. Roth____

Professor Emeritus____

University of Hawaii William S. Richardson School of Law____

____

Ronald J. Rychlak____

Jamie P. Whitten Chair of Law & Government____

University of Mississippi School of Law____

____

Stephen E. Sachs____

Professor of Law____

Duke University School of Law____

____

Paul E. Salamanca____

Wendell H. Ford Professor of Law____

University of Kentucky College of Law____

____

Maimon Schwarzschild____

Professor of Law____

University of San Diego School of Law____

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Bradley Scott Shannon____

Professor of Law____

Florida Coastal School of Law____

____

Charles A. Shanor____

Professor of Law Emeritus____

Emory Law School____

____

Dawinder Sidhu____

Visiting Professor____

University of Baltimore School of Law____

____

Ric Simmons____

Chief Justice Thomas J. Moyer Professor for the Administration of Justice and Rule of Law____


Moritz College of Law, The Ohio State University____

____

Gregory Sisk____

Laghi Distinguished Chair in Law____

University of St. Thomas School of Law (Minnesota)____

____

Henry E. Smith____

Fessenden Professor of Law____

Harvard Law School____

____

Stephen F. Smith____

Professor of Law____

University of Notre Dame Law School____

____

Thomas A. Smith____

Professor of Law____

University of San Diego School of Law____

____

O. Carter Snead____

William P. and Hazel B. White Director, Center for Ethics and Culture____

Professor of Law and Concurrent Professor of Political Science____

University of Notre Dame Law School____

____

Michael E. Solimine____

Donald P. Klekamp Professor of Law____

University of Cincinnati College of Law____

____

Andrew C. Spiropoulos____

Robert S. Kerr, Sr. Professor of Constitutional Law____

Oklahoma City University School of Law____

____

John F. Stinneford____

University Term Professor____

University of Florida Levin College of Law____

____

Kate Stith____

Lafayette S. Foster Professor of Law____

Yale Law School____

____

Lee J. Strang____

John W. Stoepler Professor of Law & Values____

University of Toledo College of Law____

____

Jan C. Ting____

Professor of Law____

Temple University Beasley School of Law____

____

Adrian Vermeule____

Ralph S. Tyler, Jr. Professor of Constitutional Law____

Harvard Law School____

____

J.W. Verret____

Associate Professor of Law____

Antonin Scalia Law School, George Mason University____

____

Alexander Sasha Volokh____

Associate Professor of Law____

Emory Law School____

____

Eugene Volokh____

Gary T. Schwartz Distinguished Professor of Law____

UCLA School of Law____

____

Christopher J. Walker____

Associate Professor of Law____

Moritz College of Law, The Ohio State University____

____

Justin Walker____

Assistant Professor of Law____

University of Louisville Brandeis School of Law____

____

E. Gregory Wallace____

Professor of Law____

Campbell University School of Law____

____

Russell L. Weaver____

Professor of Law & Distinguished University Scholar____

University of Louisville Brandeis School of Law____

____

Donald J. Weidner____

Dean Emeritus and Alumni Centennial Professor____

Florida State University College of Law____

____

Adam White____

Assistant Professor of Law____

Antonin Scalia Law School, George Mason University____

____

James J. White____

Robert A Sullivan Professor of Law Emeritus____

University of Michigan Law School____

____

Steven J. Willis____

Professor of Law____

University of Florida Levin College of Law____

____

Arthur E. Wilmarth, Jr.____

Professor of Law____

George Washington University Law School____

____

William Woody A. Woodruff____

Professor of Law Emeritus____

Campbell University School of Law____

____

Joshua D. Wright____

University Professor of Law____

Antonin Scalia Law School, George Mason University____

____

Ernest A. Young____

Alston & Bird Professor of Law____

Duke University School of Law____

____

John M. Yun____

Associate Professor of Law____

Antonin Scalia Law School, George Mason University____

____

David Zarfes____

Clinical Professor of Law____

University of Chicago Law School____

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* University titles and affiliations are for identification purposes only. The views of individual faculty members do not necessarily represent the views of the universities with which they are affiliated.____


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