Sure, Judge Kavanaugh is frequently said to be on the short list of likely Supreme Court nominees if Romney wins the White House. But his frontrunner credentials were secured earlier this month when his name topped an even more competitive list–judicial finishers of the annual three-mile Capital Challenge footrace. This was Judge Kavanaugh’s third consecutive title. He finished in 21 minutes and 20 seconds–12 seconds faster than last year’s time, but slower than his 2010 victory in 21 minutes flat.
Judge Kavanaugh’s “D.C. Circuitry” team won the judicial division of the race handily (also for the third year in a row) thanks to the contributions of his clerks, Caroline Edsall, Eric Hansford, and Adam Klein, and Judge Williams‘s clerk, Burden Walker. But Judge Kavanaugh let Team Navy win the fastest overall team award in deference to the Executive branch, citing Department of the Navy v. Egan, 484 U.S. 518 (1988), and The Federalist No. 74 (Hamilton).
- Mike Scarcella, Flying Robes, National Law Journal (May 21, 2012) (” ‘No truth to the rumor that I use race times as a factor in clerk hiring!’ Kavanaugh says.”)
- Silvana Ordoñez, Politicians, Judges, Media Race to Raise Money for Charity, Scripps Howard Foundation Wire (May 16, 2012) (“The winner of the best team name was the was the D.C. Court of Appeals with ‘Let Just-Us Win.’ . . . The race raised more than $17,000 to benefit the Wounded Warrior Project, a nonprofit group dedicated to help injured service members and veterans.”).
- Mike Sacks, Supreme Court Short List: Who Will Be America’s Next Top Conservative Justice?, Huffington Post (Dec. 21, 2011) (“Judge Brett Kavanaugh is almost invariably the first name Supreme Court watchers volunteer as the next conservative justice. He sits on the right appeals court, he is the right age, and he has the right résumé.”)
- David Ingram, Analysis: A Romney Pick for Top U.S. Court? Frontrunners Emerge, Reuters (Apr. 19, 2012) (“Kavanaugh, 47, sits on a court that produced four sitting justices. He has deep roots in Washington, D.C., having worked in the Bush White House and assisted in the 1990s investigation that nearly led to President Bill Clinton’s ouster.”)
- Could President Santorum Refuse to Enforce the Affordable Care Act?, D.C. Circuit Review (Mar. 19, 2012)
- Judge Kavanaugh Shows the Supreme Court How To Duck the Individual Mandate, D.C. Circuit Review (Nov. 9, 2011)
- Judge Kavanaugh Raises Anti-Injunction Act Concerns About Individual Mandate Challenge, D.C. Circuit Review (Sept. 24, 2011)