Perhaps if the whole Supreme Court thing doesn’t work out, the NFL could put Brett Kavanaugh in charge of its rules.
(And since one owner has already decided to not “stick to football” and endorse him, he’d probably have an easier confirmation hearing there anyway.)
During a speech at Marquette University Law School in 2015, Kavanaugh (then a judge at the U.S. Court of Appeals) made reference to Dez Bryant‘s infamous non-catch against the Packers in the 2014 playoffs.
Via the Milwakuee Journal Sentinel, Kavanaugh was making a point about separation of powers when he played to his Wisconsin audience.
“It’s better when the rules governing a catch are set forth before Dez Bryant falls to the ground,” Kavanaugh said. “Because the rule said, that was it. If we can do it in the NFL, we can do it here as well.”
At the time, the letter of the law dictated that officials were right to nullify the reception, though that has changed with the latest football case-law.
And we’ll see if Kavanaugh ends up on the highest court in the land if he still believes in the power of precedent on a number of important matters, or follows the NFL plan and makes up reactionary new rules when the winds change direction.