U.S. Senate Hearings on NAACP-Opposed Supreme Court Nominee Judge Brett Kavanaugh Scheduled to Begin Tuesday, September 4, 2018
Urge your senators to move Brett Kavanaugh’s nomination until after the midterm elections and the 116th senate to be seated in January 2019 has time to fully review his record.
The Issue:
On July 9, 2018, President Trump announced that he would nominate Judge Brett Kavanaugh to the U.S. Supreme Court to fill the vacancy of retiring Justice Anthony Kennedy. Hearings into his fitness and views are now scheduled to begin in the Senate Judiciary Committee on Tuesday, September 4, 2018.
The NAACP has a number of grave concerns about this nomination and about the unnecessary rush to confirm this nominee. From his record as it exists and what we know about his views, decisions , and priorities, Judge Kavanaugh demonstrates no empathy with the very real concerns and needs of most working middle-class Americans or with the unique concerns of racial and ethnic minority Americans.
Furthermore, the fact that President Trump is now considered by many to be an unindicted co-conspirator to federal crimes committed to influence the outcome of the 2016 presidential election calls into question the legitimacy of his nomination of Judge Kavanaugh to the Supreme Court.
The Supreme Court will likely be called on to resolve issues related to the extent to which President Trump can be investigated, subpoenaed, indicted, or prosecuted, and Judge Kavanaugh’s longstanding advocacy for presidential immunity from criminal or civil liability renders him incapable of being impartial in such matters.
It is clear that Judge Kavanaugh does not agree with nor does he empathize with or support the policy priorities of the NAACP. Further, Judge Kavanaugh’s impartiality when it comes to President Trump has been seriously called into question. The NAACP remains steadfastly opposed to his nomination to the U.S. Supreme Court.
Furthermore, much of his record, especially those detailing his opinions during his time serving as staff secretary to President George W. Bush have not been made available to the public nor to the Senators who will vet, evaluate and vote on his nomination. While it is true that we have access to his thinking prior to serving on the D.C. Circuit Court of Appeals, and then over the last 12 years, while serving on that court, appeals court judges are bound by precedents of the Supreme Court.
However, Supreme Court Justices are free to overturn those precedents and apply their own views of the Constitution. Positions Mr. Kavanaugh took as a lawyer and staff member in the Bush administration will also shed additional light on how he might rule when unconstrained by a higher authority.
The Supreme Court is too important. This nomination should only be considered by the Senate elected by the American people in November, 2018, after they have had adequate time to fully review all of the relevant records and after the 116th Congress is seated in January 2019.
We should also encourage members of the Senate Judiciary Committee to ask questions – and demand thorough, conclusive answers – on issues which are important to everyday, working American families. Issues including equal protection and opportunity, means of stopping gun violence, racial justice, voting rights and guaranteed access to adequate health care for all Americans, women’s rights, LGBT rights, and workers’ rights.
THE ACTION WE NEED YOU TO TAKE:
Sign the petition to Save SCOTUS
THE MESSAGE
● Judge Brett Kavanaugh does not empathize with the crucial needs of most working middle-class Americans or with the unique concerns of racial and ethnic minority Americans, the LGBT community, women, or many others who comprise our diverse nation.
● The fact that President Trump is now considered by many to be an unindicted co-conspirator to federal crimes committed to influence the outcome of the 2016 presidential election is of grave concern. The Supreme Court will likely be called on to resolve issues related to the extent to which President Trump can be investigated, subpoenaed, indicted, or prosecuted, and Judge Kavanaugh’s longstanding advocacy for presidential immunity from criminal or civil liability renders him incapable of being impartial in such matters.
● His record shows an open hostility to the Affordable Care Act and access to health care for all Americans, as well as sensible measures to protect Americans from the growing crisis of gun violence.
● We do not have access to information about Judge Kavanaugh’s opinions or his influence in the administration of President George W. Bush; this is important because in his current position as an appeals court judge, he is now bound by precedents of the Supreme Court. But Supreme Court Justices are free to overturn those precedents and apply their own views of the Constitution. Positions Mr. Kavanaugh took as a lawyer and staff member in the Bush administration could shed light on how he might rule when unconstrained by a higher authority.
● This nomination is too important to rush. The country desperately needs a fair-minded and independent jurist on the Supreme Court, not a divisive and biased ideologue who will further shake the American people’s faith in our nation’s justice system.
● This nomination should only be vetted by the Senate elected by the American people in November, 2018, when they are fully aware of the stakes and after they have all the information.
REMEMBER TO CONTACT BOTH YOUR SENATORS!
For more information about why we must take this action, or about contacting your Senators, please download and read the full Action Alert.
