WASHINGTON, D.C., July 24, 2018 – After reviewing the currently available record of President Trump’s second Supreme Court nominee, D.C. Circuit Court Judge Brett Kavanaugh, Alliance for Justice today announced that there is sufficient cause in the record to strongly oppose Kavanaugh’s confirmation to the high court. The findings are detailed in a “First Look” report that summarizes key cases in areas of concern.

AFJ will continue its research into Kavanaugh’s record, recognizing that a vast body of material remains unavailable at this date.   AFJ believes it is critical that all documents pertaining to Kavanaugh’s service in the George W. Bush White House and in the Starr Office of Independent Counsel be released and ample time given for review before confirmation hearings are held.

“Our research so far indicates serious concerns about Brett Kavanaugh’s record on health care, on reproductive rights, civil rights and presidential power,” said AFJ President Nan Aron. “Based on what we have seen, we strongly oppose his confirmation to the Supreme Court.  At the same time we recognize that the available documents are only the tip of the iceberg when it comes to the totality of Kavanaugh’s record.  Senators must insist on access to all documents from Kavanaugh’s White House years, especially since there are more and more questions about some of his more extreme views and suggestions that presidents can be above the law.”

The full report released today can be found here.

Among other things, AFJ’s new report finds:

  • There is every reason to believe that if he were confirmed to the Supreme Court, Kavanaugh would provide a vote to take health care away from millions of people.
  • Kavanaugh will meet President Trump’s litmus test of “automatically” overturning or undermining Roe v. Wade.
  • Kavanaugh has indicated that he does not believe sitting presidents should be indicted, has argued for a president’s power to remove a special counsel at will, and questioned the Supreme Court ruling that ordered President Richard Nixon to turn over the Watergate tapes.
  • Kavanaugh has repeatedly ruled against efforts to combat climate change and the regulation of greenhouse gases.  He also repeatedly ruled against protections for clean air.
  • He has repeatedly sided with the wealthy and the powerful over all Americans.  He has fought consumer protections in the areas of automobile safety, financial services, and a  free and open internet.  Kavanaugh has also repeatedly ruled against workers, workplace protections and safety regulations.
  • Kavanaugh’s troubling record on civil rights includes rulings denying employees protection against discrimination, and upholding a  South Carolina voter photo ID law that disproportionately disadvantaged people of color.
  • Kavanaugh has ruled in ways that favor expansive use of government power, including a ruling in favor of allowing the government to access data on consumers’ phone records in bulk.
  • Kavanaugh has been hostile to the rights of the accused, and appeared to speak favorably of former Chief Justice Rehnquist for pursuing exceptions to the exclusionary rule that is meant to keep illegally obtained evidence out of court.
  • Kavanaugh has taken a narrow view of the lawfulness of modern-day gun safety measures.
  • Kavanaugh has shown disregard for the rights of immigrant workers, ruling that they are not protected by labor laws.