U.S. Supreme Court nominee Brett Kavanaugh has some history with an important – and long-running – Georgia legal battle.
In 2006, he heard one of the cases in the water wars involving Georgia, Florida and Alabama. That fight is now in the Supreme Court, as Florida v. Georgia. The case Kavanaugh heard was in the D.C. District Court. Attorney Bruce Brown represented Georgia in that case.
“He’s scholarly and civil,” Brown said. “Obviously smart. He’s conservative in the traditional sense.”
Kavanaugh sided against Georgia, but Brown said it was over a specific issue that doesn’t suggest which way Kavanaugh would go in the current Supreme Court fight.
“I wouldn’t even ask the question,” he said. “That was an unfortunate wrinkle, but it doesn’t say anything negative or positive about Judge Kavanaugh personally, of course, or reflect upon how he would view things in the Supreme Court.”
Last month, the Supreme Court decided 5 to 4 to send the current case back for more information. That was a disappointment for Georgia, which had hoped the Court would decide to go along with a recommendation to reject Florida’s request to cap Georgia’s water use.
Justice Anthony Kennedy, who announced his retirement the same day the decision came out, was one of the five justices asking for more details.