Brett Kavanaugh lied to Congress, is credibly accused of sexual assault, lacks judicial temperament, and is hostile to Roe v. Wade. Need more reasons why he should not serve on the Supreme Court? We’ve got the top seven reasons right here. Share them with your senators and tell them you want them to vote NO on Kavanaugh.
#1 KAVANAUGH LIED TO CONGRESS
- He testified that he first learned of Deborah Ramirez’s allegations after The New Yorker story was published. Friends dispute that claim.
- He testified that he “never attended a gathering like the one Dr. Ford describes.” His own calendar entry from July 1, 1982 shows that he did.
- He testified that Leland Keyser, Patrick Smyth, and Mark Judge all “refute” Dr. Ford’s allegations. Their sworn statements do not refute her allegations.
- He testified that he never drank so excessively that he lost memory or became aggressive. His own notes, yearbook entry, and speeches, as well as memoirs, friends, classmates, roomates, and a police report dispute those claims.
- He testified that the meaning of “Devil’s Triangle” “boof” and the seven F’s listed in his yearbook entry referred to a drinking game, flatulence, and a “wind-up” to a curse word. They do not.
- He testified that he got into Yale without having connections. He was a legacy student.
- His written answers to congressional questions claim he had no knowledge of inappropriate behavior by disgraced judge Alex Kozinki. One of Kozinki’s former clerks says the claim is not believable.
- He testified in 2006 that he learned about Bush’s “Warrantless Wiretapping Program” from a NY Times story in 2005. Email shows that he discussed it internally while working at the White House in 2001.
- He testified in 2004 that he had no involvement in the nomination efforts of the controversial anti-Roe v. Wade judge William Pryor. Emails show that he did.
- He testified in 2004 that he had never seen any judicial strategy documents that were stolen from staffers of Democrats on the Judiciary Committee. Emails (here, here, and here) show that he did.
#2 KAVANAUGH IS CREDIBLY ACCUSED OF SEXUAL ASSAULT
The FBI has expanded its background investigation to include three accusations of sexual assault and misconduct.
- Christine Blasey Ford claims that Kavanaugh sexually assaulted her in 1982 when she was 15 and he was 17. She has already submitted to polygraph, testified before Judiciary Committee, provided supporting statements, and is willing to be interviewed by FBI.
- Deborah Ramirez claims that Kavanaugh sexually assaulted her during a party at Yale during the 1983-84 school year. She has recently been interviewed by the FBI.
- Julie Swetnick claims that Kavanaugh was abusive and sexually aggressive towards girls in high school, and that he participated in adding drugs or alcohol to drinks for the purpose of making girls too inebriated to refuse sexual consent. She is willing to be interviewed by FBI.
#3 KAVANAUGH LACKS JUDICIAL TEMPERAMENT
Judge Kavanaugh’s recent testimony regarding allegations of sexual assault highlighted a temperament unfit for service on our nation’s highest court. His prepared remarks were delivered with vitriol, spite, and open hostility, and he at times responded to serious and important questions from senators with belligerence and contempt. On numerous occasions, Judge Kavanaugh took a strikingly partisan posture, offering conspiracy theories about 2016 election anger and the Clintons that were entirely unbecoming of a judge on any court. More than 500 law professors from nearly 100 law schools signed a letter to the U.S. Senate to say that the volatile temperament Judge Brett Kavanaugh displayed in those hearings disqualifies him from sitting on the nation’s highest court.
#4 KAVANAUGH IS HOSTILE TO ROE v. WADE
While Judge Kavanaugh stated in private interviews and testimony that he considers Roe v. Wade to be settled law, other statements and dissents contract this and show a willingness to chip away at reproductive rights and abortion access until Roe v. Wade is rendered meaningless.
- In a September 18, 2017 speech to the American Enterprise Institute, Kavanaugh stated that he agrees with Justice William Rehnquist’s dissenting opinion on Roe v. Wade.
- In the 2017 Garza v. Hargan case, Kavanaugh’s dissenting opinion favored unreasonable restrictions to a woman’s access to abortion.
- In the 2015 Priests for Life v. HHS, Kavanaugh’s dissenting opinion favored the religious views of corporations over the reproductive rights of individuals.
#5 KAVANAUGH IS HOSTILE TO INDIGENOUS RIGHTS
Kavanaugh has written and argued that only Native peoples who are organized into tribes living on reservations are entitled to special recognition under the law. But not all indigenous peoples are organized the same way. Alaska Natives are organized as tribes, villages and regional corporations. Kavanaugh also argued against the constitutionality of programs for Native Hawaiians, saying, “any racial group with creative reasoning can qualify as an Indian tribe.” His view could upend decades of progress for all Native communities.
#6 KAVANAUGH WON’T CHECK ABUSES OF POWER
Kavanaugh wrote recommendations for changing laws to establish that sitting presidents cannot be indicted, stated that no attorney general or special counsel has the credibility required to rise above accusations of political motivation, and stated that a remedy to presidents attacking independent counsels they deem politically motivated is to give presidents the authority to dismiss them. He also wrote that the president’s powers to pardon or to choose to not investigate or prosecute a crime are absolute.
#7 WE DON’T HAVE A COMPLETE RECORD
The National Archives is responsible for reviewing and releasing permanent records relating to Kavanaugh’s time working in George W. Bush administration and for the Ken Starr investigation during the Clinton administration, but it has not yet completed its work. Only 10% of the documents have been seen by the Judiciary Committee. Senators cannot make an informed decision on nominees without full access to their record.
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