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[email protected] You're Hired! What Kavanaugh’s Nomination Means For SEC By Brian Rubin, Adam Pollet, Melissa Fox and Amber Unwala (July 16, 2018, 2:08 PM EDT) On the night of Monday, July 9, President Donald Trump interrupted one of America’s most-watched reality television shows, "The Bachelorette," to deliver his own metaphorical final rose to D.C. Circuit Judge Brett Kavanaugh as his choice to replace retiring U.S. Supreme Court Justice Anthony Kennedy. Trump, a veteran of reality television, used his broadcast to introduce Judge Kavanaugh to America and the world, and to tell the judge, in front of millions, “You’re hired.” Immediately, the news and social media were abuzz Brian Rubin about what a Supreme Court with Judge Kavanaugh would do on social “hot button” issues. Somewhat less discussed (but no less interesting to securities geeks) is how a future Justice Kavanaugh may impact securities enforcement matters. If this past Supreme Court term is indicative of future ones, the Supreme Court will continue to decide key issues that affect enforcement actions brought by the U.S. Securities and Exchange Commission. Thus, a Supreme Court with now-Judge Kavanaugh sitting on the bench will likely have a significant impact on the SEC and its enforcement program for years to Adam Pollet come. SEC Deference A newly constituted Supreme Court, with the added intellectual firepower of Judge Kavanaugh, could ultimately strike down many SEC rules and overturn enforcement actions through the dismantling of the Chevron doctrine,[1] which requires judges to defer to administrative agencies’ interpretation of federal law where the law may be ambiguous and the agency’s position Melissa Fox seems reasonable.