Stop Brett Kavanaugh Report: Reasons to Oppose

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Judge Kavanaugh sought to undermine access to health care.

Judge Kavanaugh is hostile to reproductive freedom.

Judge Kavanaugh has restricted voting rights.

Judge Kavanaugh is dismissive of discrimination claims.

Judge Kavanaugh is hostile to workers’ rights.

Judge Kavanaugh holds anti-immigrant views.

Judge Kavanaugh holds troubling views on presidential power.

Judge Kavanaugh has undermined environmental protections.

  • During his 12 years on the bench, Judge Kavanaugh has consistently ruled to protect polluters rather than the environment. He has opposed critical environmental protections for clean air and clean water, repeatedly ruling that the Environmental Protection Agency (“EPA”) exceeded its statutory authority in issuing rules to limit pollutants.
  • See Kavanaugh rulings in EME Homer City Generation, L.P. v. EPA and Mexichem Fluor Inc. v. EPA, as well as Kavanaugh dissent in Howmet Corp. v. EPA.
  • Moreover, Judge Kavanaugh has advanced an anti-environment view of the Chevrondoctrine. For more than three decades, Supreme Court precedent has required judges to defer to administrative agencies’ interpretations of federal law in most cases where the law is “ambiguous” and the agency’s position is “reasonable.” Judge Kavanaugh’s clear intent to overturn this precedent and its progeny would impede the ability of federal agencies like the EPA to carry out their vital missions.
  • See Kavanaugh in Notre Dame Law Review and Harvard Law Review.

Judge Kavanaugh opposes commonsense gun safety laws.

  • During the 2016 campaign, President Trump stated: “I’m very proud to have the endorsement of the NRA and it was the earliest endorsement they’ve ever given to anybody who ran for president…. We are going to appoint justices that will feel very strongly about the Second Amendment.”
  • Judge Kavanaugh clearly passes this litmus test. He dissented in Heller v. District of Columbia before it got to the Supreme Court and would have held that the D.C. ban on assault weapons was unconstitutional.

Judge Kavanaugh has a pro-government bias in criminal cases.

Judge Kavanaugh holds troubling views on money in politics.

Judge Kavanaugh sought to undermine Church-State separation in education.

  • As an attorney in private practice, Judge Kavanaugh was part of the legal team representing former Florida Governor Jeb Bush’s effort to create the Opportunity Scholarships Program. Notably, participating voucher students attending private schools would not have had the same civil rights, including their right to services as a child with a disability, as public school students. In 2006, the Florida Supreme Court struck down the program.
  • See also GOP Congress amicus brief, authored by Kavanaugh, in Santa Fe Independent School District v. Doe.

Judge Kavanaugh held many ideological jobs and affiliations prior to becoming a judge.

  • Judge Kavanaugh’s right-wing ideology is reflected not only in his judicial record but also in his earlier career as a partisan lawyer.
  • After clerking for Third Circuit Judge Walter Stapleton, Ninth Circuit Judge Alex Kozinski, and Supreme Court Justice Anthony Kennedy, he worked for Independent Counsel Kenneth Starr on the Clinton investigations; at the Washington, D.C. law firm Kirkland & Ellis, LLP, where he represented corporate clients and Republican causes and politicians; as the Mid-Atlantic regional coordinator for the Bush-Cheney campaign; and in Florida observing the recount as part of the Bush v. Gore
  • Kavanaugh was then rewarded with plum White House positions: from 2001 to 2003 serving as associate counsel and from 2003 to 2006 serving as assistant to the president and staff secretary. In these positions, he worked on the nominations of several contentious judicial nominees before he himself was nominated to the D.C. Circuit. He also worked on many policy issues.
  • Kavanaugh is also a longtime member of the Federalist Society.

Judge Kavanaugh has ties to Judge Alex Kozinski.


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