Clarence Thomas, Amy Coney Barrett, and Neil Gorsuch aren’t the only members of the court who are losing patience with him.
, he is, in theory, the swing vote: He sits at the center, though he is not a centrist, and can create a majority with the four justices to his left or right. Yet, unlike past swing votes, Kavanaugh rarely authors important or notable opinions of the court. Actually, he doesn’t write very much at all, penningof any justice over the most recent term. It is difficult to describe his ideology, or even attribute to him a clear legal philosophy.
It wasn’t supposed to be like this. During his 12 years on the U.S. Court of Appeals for the District of Columbia Circuit, Kavanaugh styled himself as a brainy operator who combined intellectual firepower with affable moderation, in rhetoric if not in substance. He wanted to be the conservative whom liberals could respect—Justice Antonin Scalia without the volcanic temper—and the high-minded jurist who could sell right-wing legal theories to the public as common-sense constitutional principles.
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