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ARTICLE · 16 JULY 2018

Does Kavanaugh's Dissenting Opinion In An Antitrust Case Portend His Views On Abortion?

Judge Kavanaugh dissented from the majority's opinion in that case, and he was criticized by the majority for not properly respecting Supreme Court precedent.

United StatesAntitrust/Competition Law

Much has been speculated about Trump's Supreme Court nominee Brett Kavanaugh's opinions on hot button issues, such as abortion and whether he considers Roe v. Wade to be "settled law."

What constitutes precedent and when can it be overruled were at issue in the D.C. Circuit's recent decision to block the Anthem-Cigna merger.  Judge Kavanaugh dissented from the majority's opinion in that case, and he was criticized by the majority for not properly respecting Supreme Court precedent.

Can we learn anything from his dissent about whether and to what extent he considers established Supreme Court precedent to be binding or persuasive authority?

The Anthem-Cigna Antitrust Case

The Obama Department of Justice and multiple states sued to stop the merger of Anthem and Cigna, two of the nation's larges health insurance providers.  The government argued that the merger would substantially lessen competition in the market for employers purchasing insurance.  After a

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