Advocates Sound the Alarm on Supreme Court Nominee Brett Kavanaugh

As the US Senate Judiciary Committee begins hearings today on the confirmation of Judge Kavanaugh to the Supreme Court, advocacy groups representing the the most vulnerable among us, including seniors, the disenfranchised and women, urge extreme caution. And Senators are listening. 

If, after reviewing these objections, you agree that Kavanaugh is the wrong choice for the Supreme Court, call your US Senator at 202-224-3121 and let them know!

Here’s what The Center for Medicare Advocacy, a national nonprofit, nonpartisan law organization that advocates for senior and chronically ill Medicare beneficiaries, people with chronic conditions, and those in need of long-term care, has to say:

Judge Kavanaugh’s lengthy record on the D.C. Circuit Court of Appeals does not bode well for the millions of families who rely on critical health care programs and our Constitutional form of government. For example, in Seven-Sky v. Holder, 661 F.3d 1 (D.C. Cir. 2011), Judge Kavanaugh dissented in a 2-1 decision that affirmed the constitutionality of the Affordable Care Act, maintaining that the challenge against the Act could not be heard before the individual mandate’s tax penalties took effect. Just as concerning, Judge Kavanaugh stated in his decision, “the President may decline to enforce a statute that regulates private individuals when the President deems the statute unconstitutional, even if a court has held or would hold the statute constitutional.” 661 F.3d at 50 n.43. This statement raises serious concerns about Judge Kavanaugh’s commitment to ensuring the judiciary continues to serve as an equal branch of government to the executive branch, and as a check and balance to the President.

Further, as the NAACP noted in a statement opposing the nomination, “He has been a strong and consistent voice for the wealthy and the powerful. Over and over again, he has ruled against civil rights, workers’ rights, consumer rights, and women’s rights.”

Common Cause, a nonpartisan, grassroots organization dedicated to upholding the core values of American democracy, has demanded that the US Senate “put the brakes” on any lifetime appointments at this time, due to concerns about election meddling:

Today, Common Cause urged the United States Senate to exercise its constitutional power to withhold its consent on any presidential nominee for a lifetime appointment to the United States Supreme Court until a complete record of what’s at stake is laid bare, including all of a nominee’s records relevant to the job, and until more is public concerning Department of Justice investigations involving the president and the electoral process.

We the Resistance, a campaign of The National Women’s Law Center, which has promoted equality and opportunity for women and their families, is deeply concerned about Kavanaugh’s record:

From the aforementioned secrecy around key aspects of Kavanaugh’s professional past to the fact that the person nominating him, Donald Trump, is an unindicted co-conspirator in a felony, there’s really no good reason the Senate should even be considering installing Brett Kavanaugh on our highest court. The things we do know about Kavanaugh – including his hostility to women’s reproductive rights and health, his disregard for workers’ rights and safety, and his willingness to give a sitting president carte blanche to flout the law – are the reasons we’ve spent our summer opposing him, including during our Justice Rising week of action last month.

Human Rights Campaign, which works to ensure basic equal rights for LGBTQ people, seeks to block Kavanaugh’s confirmation because:

As a justice, Kavanaugh could cement into law some of the worst and most dangerous policies of the Trump-Pence Administration — ones that threaten the livelihoods of transgender Americans, hinder women’s access to critical care and have a long-lasting and detrimental impact on communities of color.

The American Association of University Women calls Kavanaugh “the wrong choice for women and girls.”

A recent study of Kavanaugh’s rulings by Public Citizen revealed a clear bias for Big Business:

  • In 22 cases involving consumer and other regulatory issues, Judge Kavanaugh sided against consumers and the public interest 18 times.
  • In 13 environmental cases, Judge Kavanaugh sided against clean air and environmental protection 11 times.
  • In 17 cases involving worker rights, Judge Kavanaugh sided with employers 15 times.
  • In all seven cases involving victims suing for compensation over police or human rights abuses, Judge Kavanaugh sided with the alleged abuser and against the victims.
  • In both antitrust cases, Judge Kavanaugh sided with merging companies and against antitrust enforcement agencies.

Many Judiciary Committee members – the Democratic members – are listening.  Chaos Erupts as Democrats Demand Delay to Brett Kavanaugh Hearing, as reported by Mother Jones.

“We have been denied real access to the documents we need to advise and consent, which turns this hearing into a charade and a mockery of our norms,” Sen. Richard Blumenthal said. “Mr. Chairman I, therefore, move to adjourn this hearing.

Yet Republican members continue to stonewall, stubbornly pressing ahead despite the opposition of a decided majority of Americans.  An August CNN poll pegged Kavanaugh as the least popular Supreme Court nominee in 30 years, with just 37 percent support.

If you agree that Kavanaugh is the wrong choice for the Supreme Court, call your US Senator at 202-224-3121 and let them know!

— Georgia Brewer, The HEAL Team

September 4, 2018

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