Supreme Court Vacancy Toolkit

ACS Calls on Senate to Pause, Examine Abuse Allegations

Abuse Allegations

The process for Judge Brett Kavanaugh’s nomination to the United States Supreme Court has been fraught from the start with Senate Republicans’ refusal to request his full record of documents, the highly unusual way in which any documents were produced (many of which were labeled “Committee Confidential”), the rush in the nomination process, hearings punctuated with hundreds of protesters and Senators fighting to tell their narrative, and serious questions about the truthfulness of Kavanaugh’s testimony.

Now comes the latest news of sexual assault allegations, which raise another set of serious questions. This is all in addition to substantive concerns about this nomination and the effect it will have to swing the Court hard right on a host of issues including personal liberty issues, health care, presidential power, voting, and the list goes on.

Listen: What’s Next for Kavanaugh? ACS hosted a call on Tuesday, Sept. 18 to discuss the recent developments. Listen here

 

ACS Calls on Senate to Examine Abuse Allegations

Serious allegations of sexual abuse have been leveled at Brett Kavanaugh, President Trump’s Supreme Court nominee. ACS, which has been calling for a pause in the confirmation process for some time, released the following statement from ACS President Caroline Fredrickson. Full statement here.

Ready to act?

7 Ways to Protect the Supreme Court

Media Outreach Guide – How to secure radio and television interviews and write impactful Op-Eds and LTEs.

ACS on the Kavanaugh Hearings

The confirmation hearings for Judge Brett Kavanaugh were a travesty – part of a rushed and highly flawed nomination process. ACS is urging the Senate to delay any vote on Kavanaugh’s nomination until it has conducted a thorough review of all relevant files.

Watch:

View ACS President Caroline Fredrickson’s statement about the hearings:

ACS Supreme Court Preview

Top legal scholars discuss the Kavanaugh nomination and the upcoming Supreme Court term.

 

Latest analysis from ACS:

Kavanaugh Hearings Day Four: ACS Experts Testify

Professors Melissa Murray, Lisa Heinzerling, and Peter Shane were invited by the committee to weigh in.

Kavanaugh Hearings Day Three: Leaked Documents Show Troubling Positions

Questions about Roe as settled law, stolen documents, and prior sworn testimony brought into question surfaced as Democrats released previously hidden documents.

Kavanaugh Hearings Day Two: Dishonesty on Garza

Carolyn Shapiro breaks down Kavanaugh’s dishonest answers and other key details.

Kavanaugh Hearings Day One: Documents, Protests, and Democracy

The first of our daily recaps of the Kavanaugh hearings.

Shell Game: Expect Trump’s SCOTUS Nominee Kavanaugh to Duck and Dodge Key Questions During Confirmation Hearings

In a new ACSblog, President Caroline Fredrickson explains the four key issues to watch for as the hearings unfold.

Document Fight

Demand that the Senate Review All Kavanaugh Documents

The Senate Republican leadership has scheduled hearings on Brett Kavanaugh’s nomination to the Supreme Court beginning September 4, long before anyone will have had a chance to review documents from Kavanaugh’s time in the George W. Bush administration.

Proper Senate review of Kavanaugh’s record must include all records from his extensive service in the Bush administration. The Senate should use the same process for for considering those documents as it used for Justice Kagan in her time in the Clinton White House.

A rushed confirmation process prevents the American people from getting a full picture of the nominee. And it runs counter to the very process leading Republicans have demanded in the past.

 

Spread the word

Share these posts to raise awareness among your networks about how Senate Republicans are trying to rush the confirmation process.

Document Fight Analysis

The New York TimesWhy Are Republicans Covering Up Brett Kavanaugh’s Past? by The New York Times Editorial Board

SlateThe Senate Must Closely Examine These Documents From Kavanaugh’s Bush Years by Peter M. Shane

USA Today: Would Brett Kavanaugh be a check on Trump if he tried to abuse his power? We need to know. by Caroline Fredrickson and Norm Eisen

The Washington Post: Republicans are obstructing a fair vetting of Brett Kavanaugh by John Podesta and Todd Stern

The Washington Post: Here’s who should demand to see Kavanaugh’s White House paper trail by Ron Klain, ACS Board member

 

Background

On July 9, President Trump nominated Brett Kavanaugh to the Supreme Court.
Read a brief summary on Kavanaugh here.

President Trump has a radical far right agenda that is completely out of touch with the American mainstream; Brett Kavanaugh will be just another step forward in pressing that agenda.

Don’t fall for empty statements from Kavanaugh that he will follow settled law or make rulings based on the merits of cases before him. As the President’s nominee for the Court, Kavanaugh has met the President’s litmus test and will expressly target laws, freedoms, and protections that the radical far right has been trying to undo for decades. And based on his record, we know that Kavanaugh will:

  • Threaten Roe v. Wade and the fundamental right of women to protect their bodies by ensuring access to safe and legal abortion
  • Exacerbate the Supreme Court’s trend of favoring big corporations
  • Allow Donald Trump’s abuses of power to go unchecked.

 

Listen to ACS Experts on the vacancy

Latest Analysis

What Should Happen at Kavanaugh’s Hearing?

The Los Angeles Times: The Senate can demand answers from Brett Kavanaugh. If he isn’t honest, he shouldn’t be confirmed by Erwin Chemerinsky, ACS Board member

WBUR: How Badly Does The GOP Want Kavanaugh? So Much That They’ll Ignore Trump’s Treason by Kent Greenfield, ACS Faculty Advisor at Boston College Law School

The New York Times: How Will We Know What a Supreme Court Nominee Really Thinks? by Linda Greenhouse, ACS Board of Advisors member

The Washington Post: Kavanaugh faces a tougher path to confirmation than Gorsuch. Here’s why. by Ronald Klain, ACS Board of Advisors member

ACSblog: Questions for Judge Kavanaugh on his Disqualification from Certain Cases Involving the Powers and Immunities of the President by Alan Neff

The New York Times: Will Kavanaugh Provide Cover for Trump? by Caroline Fredrickson, ACS President and Norm Eisen, Co-Founder, CREW

Huffington PostIt’s Now Up To Senate Moderates To Save The Supreme Court by Geoffrey Stone, ACS Board of Advisors member

ACSblog: Yale Law Students Speak Out on Judge Kavanaugh by Cara Reichard, Co-President, Yale Law School ACS Chapter

ABA Journal: Chemerinsky: Conservatives’ victories in key cases are a harbinger of what is to come by Erwin Chemerinsky, ACS Board member

The Sacramento Bee: If you think the Supreme Court is conservative now, just wait for Kennedy’s retirement by Erwin Chemerinsky, ACS Board member

The New York TimesHow Will We Know What a Supreme Court Nominee Really Thinks? by Linda Greenhouse, ACS Board of Advisors member

The Register-Herald: Before Kavanaugh vote, a refresher by Simon F. Haeder

ACSblog: Evaluating a Supreme Court Nominee by Joel Goldstein

 

What Does It Mean to Call Kavanaugh an Originalist?

PoliticoWhy You Shouldn’t Care Whether Kavanaugh Is an ‘Originalist’ by Aziz Huq

The Daily Beast: Dems Need to Pin Brett Kavanaugh on Which Constitution He Supports by Geoffrey R. Stone, ACS Board member

St. Louis Post Dispatch: The people’s court and the people’s rights by Gregory Magarian, ACS Faculty Advisor at Washington University School of Law

Tulsa World: Plain talk about ‘plain meaning’ by Tamara Piety, ACS Faculty Advisor at University of Tulsa College of Law

 

Kavanaugh is a Threat to Reproductive Rights

The St. Louis AmericanKavanaugh is a Threat to Constitutional Right to Abortion and Birth Control by Jose Caldera, ACS member

The Washington PostReversing Roe v. Wade will be just the beginning by Ron Klain, ACS Board member.

The Boston GlobeBrett Kavanaugh’s record makes his antiabortion stance clear by Nancy Gertner, ACS Board member and Senior Lecturer on Law, Harvard University

The New York Times: The End of Abortion by Reva Siegel, ACS Board of Advisors member and Nicholas deB. Katzenbach Professor of Law at Yale Law School

The HillYes, things can get worse — especially with Justice Kavanaugh, Michelle Goodwin

New York Magazine: A 2017 Kavanaugh Speech Will Become a Flash Point in Confirmation Fight, Ed Kilgore

The Daily Beast: Here’s What Life Was Like for Women in America Before ‘Roe’ by Geoffrey Stone, ACS Board of Advisors member

ACSblog: Stakes Couldn’t Be Higher With Court Selection by John Hamilton, Mayor of Bloomington, IN and Dawn Johnsen, Walter W. Foskett Professor of Law at Indiana University Maurer School of Law

Bangor Daily NewsAny Supreme Court justice must affirm our personal liberty by Andrea L. Irwin

 

Will Kavanaugh Help Conservatives Overturn the ACA?

CNN: Kavanaugh’s Obamacare rulings under microscope as he meets Manchin by Joan Biskupic

Indianapolis Star: Affordable Care Act helps consumers by Liane Hulka,

The NWI Times: Kavanaugh hazardous to Hoosiers’ health by Fran Quigley

The Journal Gazette: Threat to Obamacare should disqualify Kavanaugh by Fran Quigley

Charleston Gazette-MailHealth care, lives will be affected by Supreme Court choice by Jennifer D. Oliva

Charleston Gazette-MailBefore Kavanaugh votes, senators must think of WV’s wellbeing, health by Simon F. Haeder

Knox NewsKavanaugh confirmation could devastate Americans with pre-existing conditions by Michele Johnson

 

Kavanaugh’s Threat to Separation of Powers

ACS Webinar: Game Changer: Brett Kavanaugh, Presidential Power, and the Mueller Investigation

ACSblog: Judge Kavanaugh on Separation of Powers by Carolyn Shapiro

NPRWhat A Justice Kavanaugh Could Mean For The Mueller Investigation And Trump by Nina Totenberg, quoting Victoria Nourse and Steve Vladeck

ACSblog: Congress Should Be Concerned That Brett Kavanaugh Wants to Further Restrict Its Power by Dan Froomkin

ACSblog: The Special Counsel, Morrison v. Olson, and the Dangerous Implications of the Unitary Executive Theory by Victoria Nourse

Slate: Brett Kavanaugh’s Legal Opinions Show He’d Give Donald Trump Unprecedented New Powers by Jed Shugerman

Huffington Post: It’s Too Late For The Supreme Court, But Lower Courts Can Still Check Trump by Nancy Gertner, ACS Board member and Senior Lecturer on Law, Harvard University

Billings Gazette: Guest view: Kavanaugh will keep Trump’s legacy alive for decades by James C. Nelson, Montana Supreme Court Justice (Ret.)

 

How Will Kavanaugh Treat Workers?

SlateBrett Kavanaugh Has His Own “Frozen Trucker” Case by Terri Gerstein, ACS State AG Project Advisory Committee

The Journal GazetteLabor would be a loser in Kavanaugh votes by William R. Groth

The Las Vegas Sun: Supreme Court nominee doesn’t respect precedent by Ruben Garcia, ACS Board member

This piece was featured on SCOTUSblog

ACSblog: Judge Kavanaugh’s Dissent in OSHA Case Reflects Deep Skepticism Toward Federal Agency Enforcement of Workplace Protections by Ruben Garcia, Associate Dean for Faculty Development and Research and Professor at the University of Nevada, Las Vegas, William S. Boyd School of Law

 

How will Kavanaugh affect LGBTQ rights?

IndyStarWhere does Kavanaugh stand on LGBT issues? by Steve Sanders, ACS Faculty Advisor at Indiana University Maurer School of Law

The New York Times: Without Kennedy, the Future of Gay Rights Is Fragile by Adam Winkler, ACS Board member, and Kent Greenfield, ACS Faculty Advisor at Boston College Law School

 

How will Kavanaugh Deal with Money and Politics?

The Washington PostBrett Kavanaugh, the man who created the super PAC by Albert W. Alschuler

 

What are Kavanaugh’s views on the 2nd Amendment? 

WHYYSupreme Court nominee Kavanaugh’s gun views are clear by Michael Kunzelman and Larry Neumeister