Brett Kavanaugh

Senate Democrats now want to deny Trump the appointment power Wall Street Journal, August 23, 2018 Editorial

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We figure we’ve seen everything, but then Chuck Schumer keeps providing a daily education in weird political science. The Senate Democratic leader on Tuesday attempted the double bank shot of claiming that Brett Kavanaugh shouldn’t be confirmed for the Supreme Court because Michael Cohen copped a guilty plea.

So let’s see. Donald Trump is the elected President with the power of appointment under the Constitution, but because his former lawyer has pleaded guilty to evading taxes and paying off a couple of Mr. Trump’s alleged mistresses, Mr. Trump no longer enjoys the powers of the Presidency under Article II. This novel interpretation of presidential authority somehow eluded James Madison.

Collins’ Warmth Brightens Kavanaugh’s Prospects The Hill, August 21, 2018

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As she faces a crush of ads urging her to reject the Supreme Court nominee for his conservative stance on abortion rights, Collins sounds increasingly positive on Kavanaugh’s nomination. She refuses to say she’s even leaning in favor of Kavanaugh, but on topics from health care to abortion to the special counsel the nominee placated her with his answers.

“He is clearly well-credentialed, has appropriate experience, is thoughtful in his approach to the issues, emphasized his belief in an independent judiciary, underscored his commitment to stare decisis,” Collins said in a 25-minute interview in her office late Tuesday. “I’m just not — I want to make sure I have the benefit of the hearings before reaching a decision.”

Collins’s relative warmth toward Kavanaugh has Republicans on the precipice of confirming the Supreme Court nominee before the 2018 midterm elections.

Neither Kavanaugh nor constitutional originalism are scary The Hill, August 21, 2018 Opinion

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A continuing theme in the criticism of Judge Brett Kavanaugh’s nomination to the Supreme Court has been that his references to constitutional originalism suggest he would reach a series of bad results in certain cases.

The attacks on a crude caricature of originalism reveal more about the sloppiness (or worse) of those who make these attacks than they do about originalism.

 

 

Democrats Down to “Hail Mary” Moves in Fight to Kill Kavanaugh Confirmation InsideSources, August 20, 2018

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With a clearly qualified candidate, public polls generally favoring support, and at last three Senate Democrats representing red states where Kavanaugh’s confirmation is strongly favored—Indiana, North Dakota and West Virginia—the political wind is strongly at the backs of Sen. Mitch McConnell and the GOP.

The media appear to have largely accepted the inevitable as well.  The “scandal” stories surrounding Kavanaugh thus far have focused on such marginal issues as his credit-card purchases of tickets to see the Washington Nationals play baseball, and memos from the Monica Lewinsky investigation urging uncomfortably-blunt questioning of then-President Bill Clinton about his behavior in the Oval Office.

Statement from JCN’s Carrie Severino on Donnelly and Heitkamp Meetings

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Judicial Crisis Network’s Chief Counsel and Policy Director Carrie Severino comments on the meetings with Senators Donnelly (D-IN) and Heitkamp (D-ND) and President Trump’s Supreme Court nominee, Judge Kavanaugh

“To their credit, Senators Donnelly, Heitkamp, and Manchin have all met with Judge Kavanaugh. However, the real test will come after Judge Kavanaugh’s hearing when they will need to decide how they’ll vote. Will they be the independent-minded senators they claim to be, or the Schumer lackeys their constituents fear they are?  None of these senators can afford to ignore polling showing clear support for Judge Kavanaugh’s confirmation in their states.”

Carrie Severino is available for further comment.

Background:

According to a recent poll conducted by North Star Opinion Research:

  • In North Dakota, voters say that Judge Kavanaugh should be confirmed by 60%-22%
  • In Indiana, voters say that Judge Kavanaugh should be confirmed by 52%-34%
  • In West Virginia, voters say that Judge Kavanaugh should be confirmed by 55%-30%

The Kavanaugh Document Fight The Wall Street Journal, August 14, 2018 Editorial

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Grassley is following the precedents set by Democrats on Kagan.

The Senate Judiciary Committee announced Friday that confirmation hearings for Supreme Court nominee Brett Kavanaugh will begin September 4, nearly two months after his nomination. That’s more than enough time for Senators to examine his voluminous public record, but Democrats are alleging a cover-up.

Conservatives React to Announcement of Kavanaugh Hearings Schedule

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Carrie Severino, Judicial Crisis Network’s Chief Counsel and Policy Director:
“Democrats have already announced that they oppose him, so this claim that they need more time or more documents is nothing more than a show, a fishing expedition designed to obstruct and create gridlock.  Judge Kavanaugh has been endorsed by leading figures on the right and the left. He is a mainstream nominee who will base his decisions on the law and the Constitution.”

Ed Meese, Attorney General for President Reagan:
“I’m happy to hear that Judge Brett Kavanaugh’s confirmation hearing will begin soon. Senator Grassley has given senators more than enough time to evaluate the nominee—more time than Senator Leahy, his predecessor, provided senators to consider Justices Kagan and Sotomayor. Senators also have enough information about Judge Kavanaugh to realize what an outstanding justice he would be. He wrote more than 300 opinions during his twelve years on the DC Circuit Court of Appeals, and more documents have been made available to senators than was the case for both Justice Kagan and Justice Gorsuch. Even the material for review from Judge Kavanaugh’s days in the executive branch is the most in nomination history.

“Democratic senators have the time and they have the material. They have no excuse to obstruct his prompt confirmation.”

C. Boyden Gray, Counsel to the Vice President (1981-89) and White House Counsel (1989-93):

“Chairman Grassley deserves praise for moving this process forward in a measured, yet expeditious, manner. The White House has made available far more documents from Judge Kavanaugh’s executive branch service than were ever produced for any other Supreme Court nominee, including the emails he sent during his time as associate counsel to the president, which total more than 200,000 pages. Likewise, Judge Kavanaugh’s questionnaire was the most comprehensive in scope in the history of the Senate Judiciary Committee. The documents that went through his Staff Secretary process to the Oval Office are irrelevant to the nomination and deserve the same protection afforded Justice Kagan’s papers at the Solicitor General’s office.”

Jenny Beth Martin, Tea Party Patriots Citizens Fund Chairman:
“Today Senator Chuck Grassley has kept a promise to the American people by setting timely dates for the confirmation hearings of Supreme Court Justice nominee Brett Kavanaugh.  We fully support Chairman Grassley’s decision to advance the process of confirming this very qualified nominee. Liberal Democrats don’t need more time to review Judge Kavanaugh’s record, they just don’t like the fact that his record shows he is fair, independent and adheres to the Constitution, so they are now resorting to obstruction and gridlock to extend their fishing expedition.  The Democrats’ complaints ring hollow given how they’ve obstructed virtually every effort to effectively govern since President Trump took office.  These actions not only attack the confirmation process but insult the American people who deserve to have a fair and independent judge who will honor the Constitution and the rule of law. We look forward to the hearings in September and a prompt confirmation so Judge Kavanaugh can take his seat on the Supreme Court when it convenes in early October.”

Penny Nance, CEO and President of Concerned Women for America:
“We applaud Senator Chuck Grassley for swiftly moving along Judge Kavanaugh’s confirmation hearings so the Supreme Court seat vacated by Anthony Kennedy can be filled quickly. Concerned Women for America’s ‘Women for Kavanaugh’ six state bus tour spent time this week at Senator Grassley’s townhalls in Iowa, and we saw how enthusiastic Americans – especially women – are about Judge Kavanaugh’s nomination.“While those on the left will cry that the timing is short, Judge Kavanaugh’s name was listed last November on President Trump’s short list of possible nominees if a Supreme Court vacancy should occur. They have had additional months over the summer to gather documents, read cases, and interview Judge Kavanaugh himself. And just because it’s an election year, it does not mean that Judge Kavanaugh cannot – or should not – be confirmed. There have been at least four Justices nominated and confirmed in midterm election years.

“It’s time for the public to hear from President Trump’s nominee and learn first-hand just how well-qualified he is to hold the position of a U.S. Supreme Court Justice.”

Tim Chapman, Executive Director of Heritage Action:
“Judge Kavanaugh is a supremely qualified candidate who is widely respected by his colleagues on the bench and will, based on this record, faithfully uphold the Constitution and interpret the law as-written. Senate Democrats opposed the nomination of Judge Kavanaugh to the Supreme Court even before President Trump made the announcement, and preceded to obstruct the process for as long as possible. It’s time Senate Democrats end their charade and give his nomination the seriousness it deserves.”

Ken Blackwell, President, The Mason Center:
“The same Democrats who long ago said they would never vote to confirm Judge Kavanaugh are now saying they need more time and material for deliberation. But Judge Kavanaugh wrote 307 opinions while on the DC Circuit Court of Appeals and submitted the most comprehensive questionnaire the Judiciary Committee has ever seen—and they’ll have more time to review this material than they had for Justices Kagan and Gorsuch. Good for Senator Grassley, who knows what their game and won’t play along.”

Jamil N. Jaffer, Founder, National Security Institute:
“Chairman Grassley is exactly right to schedule hearings on Judge Brett Kavanaugh’s nomination to the Supreme Court as soon as possible in September. This timeframe puts Judge Kavanaugh’s hearing right in the heartland of where other nominees to the high court—from Presidents of both parties—have been, if not actually a bit further out.”

“In addition, the claim that the Senate needs more documents to evaluate Judge Kavanaugh’s nomination is ludicrous. Judge Kavanaugh has been on the bench for well over a decade and has authored over 300 opinions, providing the single best source of information of the kind of Justice he would be if confirmed. Putting that to one side, the Senate has already received more documents than have ever been produced for any nominee to the Supreme Court, and is expected to receive more than five times the number of pages provided by the next closest nominee, with Judge Kavanugh’s records expected take up nearly 900,000 pages.”

“The idea that the Senate should get every piece of paper that might have passed Judge Kavanugh’s desk when he was the Staff Secretary to the President is a time-wasting canard designed to ensure that Judge Kavanaugh doesn’t get in the next two years, and is a demand being made by a number of Senators who have already said they won’t vote for Judge Kavanaugh under any circumstances.”

Gayle Trotter, JCN Spokesperson:
“Senator Grassley recognizes the stalling tactics of Democratic senators and has wisely scheduled a hearing for Judge Kavanaugh. The nominee’s record is clear: he has written more than 300 opinions during his 12 years on the DC Circuit Court of Appeals and the Judiciary Committee has reviewed hundreds of thousands of documents about him. Senator Grassley has given senators more time to evaluate the nominee confirmation than former Senate Judiciary Committee Chairman Patrick Leahy allotted for Justices Sotomayor and Kagan. It’s time for the Senate to confirm Kavanaugh and deliver another great justice.”

 

 

JCN’s Severino Responds to Senate Judiciary Committee’s Hearing Announcement

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Judicial Crisis Network’s Chief Counsel Carrie Severino responds to Senate Judiciary Committee’s announcement of the upcoming hearing for Supreme Court nominee, Judge Brett Kavanaugh.

Judicial Crisis Network’s Chief Counsel and Policy Director Carrie Severino

“Democrats have already announced that they oppose him, so this claim that they need more time or more documents is nothing more than a show, a fishing expedition designed to obstruct and create gridlock.  Judge Kavanaugh has been endorsed by leading figures on the right and the left. He is a mainstream nominee who will base his decisions on the law and the Constitution.”

KAVANAUGH DOCUMENTS FACTS ON BACKGROUND FROM JCN:

Judge Kavanaugh has been on the DC Circuit Court of Appeals for 12 years. He has issued 307 opinions and joined hundreds more.  He has a comprehensive record of jurisprudence that has been in the public domain for years.

The Judiciary Committee has reviewed hundreds of thousands of documents—more than were submitted for both Justice Gorsuch and Justice Kagan.

Documents submitted to the Senate Judiciary Committee pertaining to Judge Kavanaugh’s time serving in the White House Counsel’s and Independent Counsel’s offices are the largest number of executive branch records ever submitted to the Committee for a Supreme Court nominee.

Judge Kavanaugh returned the most comprehensive, bipartisan Senate questionnaire in Judiciary Committee history.

Senator Grassley has allotted more time between the nomination of Judge Kavanaugh and the start date of hearings than the timeline established by former Senate Judiciary Committee Chairman Patrick Leahy for Justices Sotomayor and Kagan.  Senator Leahy scheduled hearings 49 days after the nomination of Justice Kagan, and 48 days after the nomination of Justice Sotomayor.  Judge Kavanaugh’s hearings will start 57 days after his nomination.  Hearings for Justice Gorsuch were held 48 days after his nomination announcement.

The Kavanaugh nomination has been the most transparent nomination process in history. During the presidential campaign, President Trump publicized a list of extraordinarily qualified individuals he said he would choose from to fill Supreme Court vacancies.  Judge Kavanaugh has been on that list since November of 2017.

 

 

Facts About Kavanaugh Documents

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KAVANAUGH DOCUMENTS FACTS:

Judge Kavanaugh has been on the DC Circuit Court of Appeals for 12 years. He has issued 307 opinions and joined hundreds more.  He has a comprehensive record of jurisprudence that has been in the public domain for years.

The Judiciary Committee has reviewed hundreds of thousands of documents—more than were submitted for both Justice Gorsuch and Justice Kagan.

Documents submitted to the Senate Judiciary Committee pertaining to Judge Kavanaugh’s time serving in the White House Counsel’s and Independent Counsel’s offices are the largest number of executive branch records ever submitted to the Committee for a Supreme Court nominee.

Judge Kavanaugh returned the most comprehensive, bipartisan Senate questionnaire in Judiciary Committee history.

Senator Grassley has allotted more time between the nomination of Judge Kavanaugh and the start date of hearings than the timeline established by former Senate Judiciary Committee Chairman Patrick Leahy for Justices Sotomayor and Kagan. Senator Leahy scheduled hearings 49 days after the nomination of Justice Kagan, and 48 days after the nomination of Justice Sotomayor.  Judge Kavanaugh’s hearings will start 57 days after his nomination.  Hearings for Justice Gorsuch were held 48 days after his nomination announcement.

The Kavanaugh nomination has been the most transparent nomination process in history. During the presidential campaign, President Trump publicized a list of extraordinarily qualified individuals he said he would choose from to fill Supreme Court vacancies.  Judge Kavanaugh has been on that list since November of 2017.