Brett Kavanaugh

Nominee for Associate Justice of the United States Supreme Court

On July 9, 2018, President Donald Trump announced the nomination of Judge Brett Kavanaugh of the United States Court of Appeals for the District of Columbia Circuit to fill the Supreme Court vacancy created by the announcement of Justice Anthony Kennedy’s retirement on June 27, 2018. Any nominee to the Supreme Court has the burden of demonstrating that he or she should be confirmed. But particularly given the litmus-test promises that Trump made to his most extreme supporters about positions that his nominee would have to take, there is a profound burden on Kavanaugh to prove to the American people that he is faithful to the text and history of the whole Constitution, including the Amendments that have written into our national charter guarantees of equality and liberty for all.

Constitutional Accountability Center scrutinized Judge Kavanaugh’s record closely to determine whether, if confirmed, Kavanaugh could be counted on to serve as an independent check on the Trump Administration’s authoritarian tendencies, whether he would be a virtual rubber-stamp for the U.S. Chamber of Commerce and other big business interests that have benefited from the most pro-corporate Supreme Court in decades, and whether he understands that our Constitution as amended protects the fundamental rights of all persons, including people of color, women, and LGBT people. These are all matters as to which members of the Senate Judiciary Committee should carefully question Judge Kavanaugh at his confirmation hearing. Ultimately, the Senate confirmed Justice Kavanaugh on October 6, 2018 on a largely party-line vote, following a one-week delay requested by Senator Jeff Flake (R-AZ) for an FBI investigation into sexual assault allegations made against Kavanaugh by Dr. Christine Blasey Ford.

Below is a sampling of CAC’s work examining Judge Kavanaugh’s record, along with a sampling of media appearances and additional resources.

Memorandum
CAC Opposes Nomination of Judge Brett Kavanaugh to Supreme Court

Issue Brief
Supreme Court Nominee Brett Kavanaugh: Will He Respect The Whole Constitution?

Issue Brief
Supreme Court Nominee Brett Kavanaugh: Will He Be Another Reliable Vote for Big Business?

Long-Term Study
Corporations and the Supreme Court