The Senate Judiciary Committee has scheduled a second hearing for Brett M. Kavanaugh’s nomination to the federal appeals court. Kavanaugh was nominated by George W. Bush and is supported by the Religious Right. He should not be confirmed and Senate Democrats should filibuster his nomination if a vote is set for the Senate floor.
The Leadership Conference on Civil Rights reports:
A review of Brett Kavanaugh's record reveals the strident workings of a political operative, not the legal experience and judgment necessary for a seat on the U.S. Court of Appeals for the D.C. circuit.
Brett Kavanaugh's record raises numerous serious concerns, including:
Kavanaugh played an important role in the selection of most of President Bush's more controversial nominees. In his position with the Bush administration's White House Counsel's office, one of Kavanaugh's main responsibilities was serving on the administration's judicial selection committee. Kavanaugh played a role in the selection of controversial nominees Priscilla Owen, Dennis Shedd, Janice Rogers Brown, Miguel Estrada, and William Pryor. As reflected in their records, these nominees would seek to undermine the authority of Congress and weaken federal, civil, and human rights protections for people of color, individuals with disabilities, women, workers, gay and lesbians, older Americans, and children.
Kavanaugh has sought vigorously to expand presidential secrecy and promote what critics have called an "imperial presidency." Kavanaugh's work with President Bush has included efforts to keep secret the records of Vice President Cheney's energy task force meetings and to eviscerate the Presidential Records Act concerning the records of former presidents.
Kavanaugh has defended even the most questionable conduct of former independent counsel Kenneth Starr. Kavanaugh was responsible for drafting the office's articles of impeachment against President Clinton. These articles have been criticized, by conservative commentators, as "strain[ing] credulity" and based on "shaky allegations."
Kavanaugh's lack of legal experience makes him an unqualified nominee for the D.C. Circuit. Of the ten most significant "litigated" matters he reported to the Senate Judiciary Committee, two consisted of simply filing friend-of-the-court briefs. Several others did not even involve a court appearance. In two Supreme Court cases, including one in which Kavanaugh tried to limit the attorney-client privilege and another concerning government-endorsed school prayer, the Supreme Court squarely rejected Kavanaugh's arguments.
The U.S. Court of Appeals for the District of Columbia has a critical role in our federal judicial system. It is the second most important court in the United States, after the Supreme Court. Because of the significance of this court, it is extremely important that this nomination be carefully scrutinized.
For many Americans, the federal judiciary is the first line of defense against violations of dearly held constitutional principles. Because of the impact that lifetime appointments of judges hostile to civil rights may have on the rights of millions of Americans, LCCR/LCCREF will continue to monitor the integrity of the processes of nominating and confirming judicial appointments.
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Update: Religious Right group Focus on the Family sent out a pro-Kavanaugh action alert this afternoon.
