John Harlan

The article examines Justice Brett Kavanaugh's role as a prominent concurrence writer on the Roberts Court, highlighting his frequent alignment with majorities (92-95% of decisions) and his use of concurrences to respect dissenting arguments, explain court opinions, and outline future legal views. Kavanaugh's approach is contrasted with historical justices like William Brennan and John Harlan, with a specific example from the Trump v. Barbara birthright citizenship case illustrating his balancing of statutory and constitutional interpretations.