When Justice Anthony Kennedy retired from the Supreme Court, I knew we could expect the Federalist Society to have a list of names on the President’s desk posthaste. When the Vice President tweeted that President Trump would nominate “a strong conservative, in the tradition of the late Justice Scalia,” I lost any hope that Justice Kennedy’s centrist legacy would be preserved. Tonight, Donald Trump nominated Brett Kavanaugh to the Supreme Court, which not only confirmed but intensified my concern for the future of this country.
While I have several objections to this nomination, I would like to specifically discuss three of them.
It is hypocritical of Senator Mitch McConnell to proceed with confirmation hearings before the upcoming midterm election after blocking Merrick Garland’s nomination in 2016.
I find Kavanaugh’s opinion on executive power ominous given the current investigation into Donald Trump’s presidential campaign. In an article for Georgetown Law Journal, Kavanaugh wrote: “Congress should establish that the President can be indicted only after he leaves office voluntarily or is impeached by the House of Representatives and convicted and removed by the Senate.” If Robert Mueller’s investigation results in the president being indicted, the case will undoubtedly be heard by the Supreme Court, and the American People are entitled to an unbiased trial and decision. Based on his writings, no one–not even Republicans– could truthfully assert that Brett Kavanaugh meets this standard.
In a 2006 statement to the Senate Judiciary Committee on behalf of the American Bar Association’s Standing Committee on Federal Judiciary, Stephen L. Tober quoted a judge who “witnessed [Kavanaugh’s] oral presentation in court commented that [he] was ‘less than adequate’ before the court, had been ‘sanctimonious,’ and demonstrated ‘experience on the level of an associate.’” This opinion, given by a legal professional, does not lead me to trust Trump’s characterization of Kavanaugh as “one of the finest and sharpest legal minds in our time.”
Brett Kavanaugh is 53 years old, which means if he is confirmed he has between 30 and 40 years to sit on that bench and make decisions that will impact generations of Americans. Now is the time to make your voice heard. Call Senators Richard Burr (202) 224-3154 and Thom Tillis (202) 224-6342 to impress upon them that Brett Kavanaugh is not the kind of jurist North Carolinians want on the Supreme Court. If we flood their phone lines with opposition to this nomination, perhaps they will take a bipartisan stand and vote against Brett Kavanaugh.