On hot-button questions, Mr. Kavanaugh has trended conservative on issues such as abortion, indicating a narrow view of what constitutes an undue burden on a woman’s right to end her pregnancy, and the Obamacare contraception mandate, though his take on the mandate was somewhat more conciliatory than right-wing activists would prefer. A nemesis of the administrative state, he has frequently voted against the Environmental Protection Agency, arguing that programs to regulate greenhouse-gas emissions and cross-border air pollution went further than the law allowed; in each case he took an overly narrow view of the statute. Mr. Kavanaugh seems less willing to grant executive agencies leeway in interpreting Congress’s instructions than the Supreme Court has typically shown. Senators must explore how far this philosophy extends.
Thanks to Democrats appointing liberal judges who don't interpret the constitution, they make policy.