Brett Kavanaugh: Presidents can ignore laws they think are unconstitutional – CNNPolitics
And Kavanaugh noted that if a president signs a bill “and says these certain provisions in here are unconstitutional, and we’re not going to follow those provisions, that is a traditional exercise of power by Presidents.”
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In a legal opinion that same year, Kavanaugh took a similar position, saying that the president can’t ignore the law “simply because of policy objections” — and that the White House must abide by the law “unless the President has a constitutional objection” to the issue at hand.
“If the President has a constitutional objection to a statutory mandate or prohibition, the President may decline to follow the law unless and until a final Court order dictates otherwise,” Kavanaugh wrote in the August 13, 2013, opinion. He made a similar argument in a 2011 dissenting opinion.