July 22, 2021

ACS Statement on Revelations Surrounding FBI's Handling Of Kavanaugh Investigation

Contact: Pablo Willis, pwillis@acslaw.org 

Washington, DC  The American Constitution Society released the following statement regarding new revelations about the FBI’s handling of the 2018 investigation into Justice Kavanaugh. 

“The public and Congress rely on the White House and the FBI to conduct thorough and objective investigations into candidates nominated for our country’s highest court. This is never more true than in the wake of the type of allegations that were made about Justice Brett Kavanaugh during his confirmation," said American Constitution Society President Russ Feingold. “News that the FBI’s investigation into those allegations was likely driven by the Trump administration's political objectives, rather than by facts and a pursuit of the truth is a blow to the public’s trust not only in the confirmation process, but now in the Supreme Court itself.

The public has a right to know who was responsible for undermining the integrity of the FBI investigation. This news also raises questions over whether there should be a new thorough and fact-driven investigation into the original allegations against Justice Kavanaugh. Those responsible for the previous so-called investigation must be held accountable. Any lawyer who participated in that process has a bar license and ethical obligations that come with it.

Just as important, President Biden’s Commission on the Supreme Court must be empowered and required to issue actionable recommendations for reform. The legitimacy of the Supreme Court is in crisis. This Commission will not be serving the public unless it delivers actionable recommendations for how we restore the legitimacy and the public’s trust in our highest court and the process by which the fewest of individuals are elevated to it.”


ACS believes that the Constitution is “of the people, by the people, and for the people.” We interpret the Constitution based on its text and against the backdrop of history and lived experience. Through a diverse nationwide network of progressive lawyers, law students, judges, scholars, and many others, we work to uphold the Constitution in the 21st century by ensuring that law is a force for protecting our democracy and the public interest and for improving people’s lives. For more information, visit us at www.acslaw.org or on Twitter at @acslaw.