ANDREW COX: Justice Kavanaugh, More than a Puppet. “Far from political ideology, what seems to be of the upmost importance to Kavanaugh, is answering the question: whether Congress has provided the agency with authority to issue whatever regulation is in question? Notably, both in dissents, Kavanaugh has asked this question of the EPA and FCC. With respect to the EPA, Kavanaugh contested the agency’s attempt “to permit regulation of an environmental problem that Congress did not anticipate when it enacted the statute.” And with respect to the FCC, Kavanaugh questioned the agency’s ability to implement net neutrality laws saying: ‘If an agency wants to exercise expansive regulatory authority over some major social or economic activity . . . an ambiguous grant of statutory authority is not enough. Congress must clearly authorize an agency to take such a major regulatory action.'”