Kavanaugh's Transportation Rulings Favor Limited Deference
Following the news of President Donald Trump's nomination of D.C. Circuit Judge Brett Kavanaugh to fill retiring U.S. Supreme Court Justice Anthony Kennedy's seat, Law360 surveyed the judge's most notable writings on transportation policy to determine how he might affect the industrial and political landscape. This coverage focuses on Judge Kavanaugh's distaste for granting broad deference to federal agencies in the transportation industry and his high expectations for regulators to carefully justify their decision- and rule-making processes, and features comments from Holland & Knight Senior Policy Advisor Paul Hitchcock.
In regards to Judge Kavanaugh's ruling in Manufacturers Railway Co. v. Surface Transportation Board, Mr. Hitchcock stated: "This was a straightforward application of well-established administrative law principles. An agency cannot arbitrarily depart from its prior precedent. Opponents of the Kavanaugh nomination may attempt to characterize this case as 'anti-employee,' but it is nothing more than a principled application of textbook law. It reflects the importance of adhering to precedent."