Federal Courts and Nominations

CAC Opposes Nomination of Judge Brett Kavanaugh to Supreme Court

In Brief

Although Judge Kavanaugh has described himself as an originalist, his pre-hearing record, as we have shown, raises concerns about whether he will enforce the text, history, and values of the whole Constitution.
Judge Kavanaugh’s record and his performance at his confirmation hearing suggest he would put his thumb on the scale of justice in favor of big business, to the detriment of consumers, employees, and others seeking to hold corporations accountable.
Judge Kavanaugh chose to avoid answering key questions that could have shed real light on the important issue of his independence from President Trump, and his ability to serve as a check on the other branches of government.

During his confirmation hearing, Judge Kavanaugh obfuscated his views and failed to assuage our concerns about his willingness to enforce the whole Constitution. Furthermore, he provided answers that could not be squared with the text and history of the Constitution. There is too much doubt that Judge Kavanaugh will be faithful to the whole Constitution or will treat all Americans fairly when he’s asked to weigh their legal rights against the interests of big business. As a result, CAC cannot endorse the confirmation of Judge Kavanaugh to the U.S. Supreme Court and urges the Senate to vote NO on his confirmation.

More from Federal Courts and Nominations

Federal Courts and Nominations
January 17, 2024

The Leadership Conference on Civil and Human Rights Sign-On Letter Prioritizing Diverse Judges

Dear Senator, On behalf of The Leadership Conference on Civil and Human Rights and the...
Federal Courts and Nominations
January 23, 2023

BLOG: How Do We Fix an Ailing Court? Lessons From Reconstruction

The Supreme Court is ailing, but you wouldn’t know it from Chief Justice Roberts’s 2022...
By: David H. Gans
Federal Courts and Nominations
November 30, 2022

RELEASE: How Do We Fix an Ailing Court? Reconstruction Provides Critical Lessons

WASHINGTON – Today, Constitutional Accountability Center is releasing new scholarship by CAC Civil Rights Director...
By: David H. Gans
Federal Courts and Nominations
November 29, 2022

ISSUE BRIEF: Court Reform and the Promise of Justice: Lessons from Reconstruction

Lewis and Clark Law Review, Vol. 27, No. 3, 2023 The Supreme Court is broken....
By: David H. Gans
Federal Courts and Nominations
August 15, 2022

BLOG: Building the Next Generation of Constitutional Progressives

This summer, CAC welcomed four interns to learn our method of understanding the progressive promise...
Federal Courts and Nominations
July 14, 2022

Supreme Court Review: The Future of Supreme Court

Host: NYCLA’s Civil Rights and Liberties Committee and NYCLA’s Supreme Court Reform Committee
Program Chair: Elliot Dolby Shields, Co-chair NYCLA’s Civil Rights Committee; Chair, NYCLA’s Supreme Court Reform...
Participants: David H. Gans, Elliot Dolby Shields, Amir Ali, Alicia Bannon, Katherine M. Franke, Rachel Rebouche