People For the American Way

FACT CHECK: Kavanaugh Follows the Law without Respect to Parties? Nope.

FOR IMMEDIATE RELEASE: September 4, 2018

Contact: Derrick Crowe at People For the American Way

Email: [email protected]

Phone Number: 202.467.2386

In Senate hearings for Supreme Court nominee Brett Kavanaugh, Senator Lee argued that as a Judge on the DC Circuit, Kavanaugh ruled without respect to parties.

In fact, a review of his record makes clear that Kavanaugh has routinely hewed to GOP policy priorities in key cases.

As PFAW’s Senior Fellow Elliot Mincberg wrote last month:

[I]n important cases that concern hotly contested policy and political issues, Kavanaugh consistently favors conservative Republican positions that reflect his conservative Republican political background. On cases about reproductive rights and abortion, gun control, net neutrality, the Affordable Care Act (ACA), climate change, money in politics, efforts to help consumers and rein in big banks, and religious-exemptions claims against providing contraceptive coverage to women, he has consistently voted in accord with conservative policy and political positions—even when other conservative Republican judges on the D.C. Circuit did not.

Indeed, it is difficult to find a single example of a Kavanaugh opinion that has not favored right-wing policy and political positions in major cases. An independent report on his judicial record concluded that he is “an uncommonly partisan judge,” even when compared with other federal appeals court judges.