BLOWN OPPORTUNITY: Justice Kavanaugh Is Quickly Becoming An Ally To The Left On The Court

Well, Justice Brett Kavanaugh has done it once again.

On Monday, the U.S. Supreme Court’s junior-most justice, the lifelong inside-the-Beltway D.C. swamp creature who Daniel Horowitz once perfectly described as “Karl Rove in a robe,” sided with the Court’s four liberals in an egregious endorsement of a dubious antitrust legal theory that eschews traditional judicial norms and prostrates the Court before the ever-zealous plaintiff’s bar. Some overeager anti-Silicon Valley “conservatives” seem to be praising Kavanaugh for “taking on” Big Tech, but the reality is that there is nothing even remotely conservative about unduly expanding the inherently flawed corpus of antitrust law so as to incentivize unhinged litigiousness and enrich plaintiff’s attorneys. And, as Justice Neil Gorsuch’s excellent dissent carefully notes, it is even more non-conservative to incentivize that litigiousness by means of undermining rudimentary legal theories of “proximate causation” that every first-year law student is taught.