Stop Brett Kavanaugh Fact Sheet: Voting Rights

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Judge Kavanaugh would threaten hard-won protections for the right to vote.

Judge Kavanaugh worked against the interests of minority voters while working with fellow conservative ideologues as an attorney in private practice.

  • 1999-2000 Term: Supreme Court considers Native Hawaiians’ rights in Rice v. Cayetano
  • Kavanaugh-Bork-Clegg amicus brief argues Hawaii violated the Constitution by permitting only Native Hawaiians to vote in elections for the Office of Hawaiian Affairs
  • Kavanaugh op-ed on “Hawaii’s naked racial-spoils system” accuses the Clinton Justice Department of “sheer political calculation” and supporting “racial separatism” for its involvement in the case, citing Justice Scalia’s “one race” theory
  • In an interview, Kavanaugh says: “This case is one more step along the way in what I see as an inevitable conclusion within the next 10 to 20 years when the court says we are all one race in the eyes of government”
  • Though the Supreme Court shares Kavanaugh’s ultimate conclusion, Stevens-Ginsburg dissent cites Hawaii’s unique history and Supreme Court precedent

Judge Kavanaugh was a senior advisor in the George W. Bush administration when voting rights came under serious attack. Today, the American people are being denied access to records that would tell us what role he played in those attacks.

Judge Kavanaugh’s judicial record further demonstrates a lack of commitment to racial justice.

The stakes for our democracy are high in a number of key pending cases that may well make their way to the high court.