Trump ‘s Brett Kavanaugh Nomination As Good as an Attack on Women and LGBTQ Americans

Screen Shot 2018-07-09 at 6.36.44 PM.pngTo say that the  lives of Americans are at stake because of this nomination cannot be overstated.

WASHINGTON — Donald Trump tonight, the President who Russia helped elect,  nominated D.C. Circuit Court Judge Brett Kavanaugh to serve on the U.S. Supreme Court.

Kavanaugh — a stalwart right wing conservative who previously worked in the George W. Bush administration — hasn’t weighed in explicitly on high-profile issues related to LGBTQ nondiscrimination, and yet we must know that with the rabidly anti-LGBTQ Family Research Council lavishing praise on him, given their main agenda, this man is likely as anti-LGBTQ as one can get and hence a serious danger.

Kavanaugh’s nomination comes at a critical moment for the LGBTQ community: more Americans than ever before support ensuring LGBTQ people are treated fairly and equally under the law, and a growing number of court cases are affirming the importance of nondiscrimination protections.

Any number of LGBTQ-related issues could land before the Supreme Court in the coming years, including whether anti-LGBTQ employment and housing discrimination is prohibited under federal law, the validity of exemptions from nondiscrimination laws that allow a special ‘License to Discriminate’ for businesses, the dignity of transgender students in schools, and the constitutionality of the Trump-Pence transgender military ban.

“A supermajority of Americans from all walks of life support treating LGBTQ people fairly and equally under our laws,” said Freedom for All Americans CEO, Masen Davis. “Lawmakers on Capitol Hill should do what they know is right and only confirm a Supreme Court nominee who has demonstrated a commitment to our nation’s founding values. There is too much at stake for lawmakers to simply give this seat away without a thorough and thoughtful vetting process.”

A Supreme Court appointment hostile to the dignity of LGBTQ Americans, however, could undermine and overrule that consensus. The progress Americans have seen for the LGBTQ community both in the courts and in the court of public opinion, should be maintained.

Part of his record:

  • He argued that sitting Presidents should not be subject to civil or criminal charges while in office and that presidents should be able to dismiss any counsel “out to get him” and that the president does not need to follow the law if he thinks the law is unconstitutional.
  • In one of his many challenges to the Affordable Care Act, Kavanaugh wrote a dissenting opinion intended to nullify the law’s requirement of coverage for those with pre-existing conditions – including HIV.
  • He ruled in a three-judge panel against an immigrant teenage girl’s reproductive freedom. When the D.C. Circuit then reversed this decision on appeal, he dissented, claiming that the government was creating a “new right” for immigrants in custody “to obtain immediate abortion on demand” for “unlawful immigrant minors.”

PLEASE contact YOUR senators and urge them to press the nominee on LGBTQ issues,


Sherrilyn Ifill, president and director-counsel, NAACP Legal Defense and Educational Fund, Inc. (LDF) notes the president is trying to normalize a process that is not normal. There should be no vote and no process until Mueller investigation is complete. This is a President who is under investigation and he has nominated someone who thinks the President is  above the law.

Kavanaugh believes that the president is above the law, and he would not be a check on Trump’s abuse of power. Kavanaugh wrote that the president should have ‘absolute discretion’ to determine whether and when to appoint or fire a special counsel like Robert Mueller. And Kavanaugh has said that a sitting president should not be criminally indicted, no matter what evidence of wrongdoing is uncovered. No wonder President Trump has nominated this man to the Supreme Court, which will ultimately decide whether he, his family, or his aides can be held accountable by the special counsel.
America’s highest court – which should be a symbol of justice for all – must not:

  • Take away a woman’s right to control her body;
  • Backtrack on marriage equality and the rights of LGBTQIA people;
  • Enable racist policy;
  • Empower corporations to cheat and injure consumers;
  • Twist the First Amendment into a tool to protect corporations from regulatory controls;
  • Eviscerate our democracy by undermining voting rights or further empowering the superrich to dominate our elections; or
  • Reflexively side with Donald Trump in the legal issues regarding potential obstruction of justice or related matters that may very well land at the Supreme Court.

Senator Elizabeth Warren:

Brett Kavanaugh’s record as a judge and lawyer is crystal clear, and he would do even more damage on the Supreme Court:

He opposed letting a young immigrant woman get prompt access to a legal abortion, and he’s argued that sitting Presidents should be exempt from lawsuits and criminal investigations or prosecution while in office – wouldn’t Donald Trump love that?

And if that’s not enough, get this: He believes that the Consumer Financial Protection Bureau is unconstitutional, he tried to strike down net neutrality, and he’s worked to make it harder for federal watchdogs to hold corporate criminals accountable and protect public health, safety, and economic security.

The stakes couldn’t be higher – women’s rights to control our own bodies, the right to live free from discrimination because of what you look like, what you believe, or who you love, workers’ rights to organize for better pay and benefits, and health care (including protections for Americans with pre-existing conditions).

PLEASE contact YOUR senators and urge them to press the nominee on LGBTQ as well as the other important issues,

Screen Shot 2018-07-09 at 6.51.02 PM.png


Of note:
Kavanaugh is a former clerk to the disgraced ex-judge Alex Kozinski, who resigned last year from the U.S. Court of Appeals for the Ninth Circuit amid accusations that included inappropriate behavior toward law clerks. Kozinski, testifying in 2006 at Kavanaugh’s confirmation hearing to the D.C. Circuit, praised his former clerk as a “positive delight” in his office.

“Sen. Booker tells Rachel Maddow that Supreme Court nominee Brett Kavanaugh is the most “self-serving” selection that President Trump could have made to protect himself from a criminal investigation.”

1. Brett Kavanaugh Is Trump’s Supreme Court Nominee: Live Updates, The New York Times, July 9, 2018.

2. Chris Kang, chief counsel, Demand Justice – American people by a majority do not want the Court to over turn Roe v Wade. The full extent of Kavanaugh on executive power lies in examining thousands of documents from his time in the White House. This must be done and he cannot be approved until all those documents are examined fully.

Following President Trump’s announcement of his intent to nominate Brett Kavanaugh to be an Associate Justice of the Supreme Court of the United States today, The Leadership Conference on Civil and Human Rights, Alliance for Justice, and People For the American Way hosted a telephone press briefing with other civil rights leaders to discuss the significance of his pick and the need for an independent and fair-minded justice. The speakers emphasized what’s at stake with this nominee who will overturn Roe. v. Wade and undermine the Affordable Care Act.

“Brett Kavanaugh is a direct threat to our civil and human rights and is unfit to serve on our nation’s highest court. Earning a spot on this list of anti-civil and human rights all-stars required satisfying the ultra-conservative Heritage Foundation and Federalist Society and passing Trump’s ideological litmus tests,” said Vanita Gupta, president and CEO of The Leadership Conference. “Trump promised that, if confirmed, his nominee would overturn Roe v. Wade, and undermine the Affordable Care Act, which would have a devastating impact on those with pre-existing conditions, people of color, women, people with disabilities, and millions of others for decades to come. Access to health care is a civil and human rights issue of profound importance. Our civil and human rights hang in the balance with this Supreme Court nomination. Senators must put country over party to protect their constituents, the Constitution, and civil and human rights by rejecting this extreme nomination.”

Tonight, we will not accept the Donald Trump vision of America or his plan for the Supreme Court, with the nomination of Brett Kavanaugh. We will not accept a vision of America in which women, and people of color, and LGBTQ Americans, and people with disabilities, and workers, and immigrants, and people of all faiths do not enjoy full participation in our society and full and equal rights. We know this fight will be hard, but it’s a fight we can win, because the values of this country are on our side,” said Nan Aron, president and CEO of Alliance for Justice (AFJ).

“Confirming Judge Kavanaugh to the Supreme Court would roll back the clock on rulings that protect women, people of color, workers and the LGBTQ community,” said Michael Keegan, President of People For the American Way. “We’ve already seen far too many rulings designed to protect the interests of corporations and the wealthy above the rights of all Americans. Giving a narrow-minded elitist like Judge Kavanaugh a lifetime seat on the Supreme Court would open the floodgate to more and worse.”

“With this nomination, women’s freedom to make decisions about our own bodies is at stake. Judge Kavanaugh voted to allow religious beliefs to override an individual’s right to insurance coverage of birth control. He also issued a ruling to allow the government to continue blocking a young immigrant woman from accessing abortion care. And it is no small matter that it was after this decision that his name first appeared on Trump’s short list of potential Supreme Court nominees. Too much is at stake for the Senate to just allow this nominee to go through,” said Fatima Goss Graves, president and CEO of National Women’s Law Center.

“The National Disability Rights Network shares the concerns of the civil rights community about the nomination of Judge Kavanaugh to the United States Supreme Court,” said NDRN Executive Director Curt Decker. “Disability is a condition that can affect all Americans, across all races, genders, sexual orientation, religion, and economic status. Any weakening of the laws that protect Americans from discrimination and ensure equal opportunity would negatively affect individuals with disabilities as well.”

“We have litigated racial discrimination issues at the Supreme Court since 1940, and Judge Brett Kavanaugh’s confirmation could transform that institution in a way that we have never seen before, jeopardizing the progress we have achieved over the last 78 years,” said Sherrilyn Ifill, President and Director-Counsel of the NAACP Legal Defense and Educational Fund, Inc. “The very integrity of our justice system and the rule of law are at stake—and we cannot afford to approach this nomination as business as usual. Senators must critically evaluate Judge Kavanaugh’s record to determine whether he would defend the hard-won rights of African Americans, women, and members of the LGBT community or rollback critical civil rights protections.”

“With his nomination of Judge Kavanaugh, President Trump has doubled down on his rhetoric and policies that tilt our country further towards billionaires and greedy CEOs, and away from all working people, whether they are white, black or brown,” said Mary Kay Henry, president of Service Employees International Union (SEIU). “He has sided time and again against working people, including upholding Department of Defense regulations that stripped collective bargaining rights from thousands of employees, and criticizing rules protecting workers from dangerous conditions as ‘paternalistic.’ Our healthcare is not safe either, as Judge Kavanaugh’s nomination was pre-approved by an extreme group that wants to repeal our healthcare with no replacement. For these reasons and more, SEIU members are going to rise up, just as we did during the healthcare debate, to make clear that we are watching and will hold accountable anyone who supports this nomination.”

“Planned Parenthood is unambiguously opposed to the nomination of Brett Kavanaugh. We already know how he would vote when it comes to upholding the precedent of Roe v. Wade, because Donald Trump told us.  Judge Kavanaugh has already ruled to restrict access to safe, legal abortion. Just last year, he used his judicial power to prevent a young undocumented woman in US custody from accessing the safe, legal abortion she wanted.  That’s why we will be mobilizing all 11 million of our supporters. We know millions of people will join us to protect these fundamental rights. We refuse to live in an America where our children and grandchildren have fewer rights than we have today,” said Dana Singiser, vice president of public policy and government affairs, Planned Parenthood Federation of America (PPFA).

“Trump is picking the fight that even Mitch McConnell warned him against,” said Chris Kang, chief counsel of Demand Justice. “Brett Kavanaugh has criticized Chief Justice Roberts for upholding the Affordable Care Act and praised then-Justice Rehnquist’s dissent in Roe v. Wade. He believes that the president is above the law and the full extent of his views on executive power are hidden behind more than a million documents from his time at the White House. A majority of the Senate can—and must—oppose this extreme nomination.”

“Kavanaugh would bring all of Trump’s worst qualities to the Supreme Court for decades to come. In a disturbing echo of Trump’s policies toward immigrant families, Kavanaugh tried to force a detained immigrant woman to carry her pregnancy against her will, using anti-choice activist code of ‘abortion on demand’ in his official written opinion. Kavanaugh has proven himself to be a political operative when it comes to undermining the Affordable Care Act through frivolous cases and opinions. He has also written with shocking deference to presidential power and immunity, which raises the alarming but wholly legitimate question of whether this is one more effort by President Trump to obstruct justice for himself and his associates. Senate Majority Leader Mitch McConnell (R-KY) was right: Kavanaugh’s paper trail is a horror show and flatly disqualifies him,” said Miguel Rodriguez, senior vice president for government affairs of the Center for American Progress.

“Donald Trump’s nomination of Brett Kavanaugh is irresponsible and dangerous. He will undermine LGBTQ equality, women’s reproductive rights and affordable healthcare,” said HRC Legal Director Sarah Warbelow. “This is not the fair-minded constitutionalist worthy of replacing Justice Kennedy. The U.S. Senate needs to exercise its constitutional responsibility and reject this nominee.”

Posted BY @Melanie Nathan1

2 thoughts on “Trump ‘s Brett Kavanaugh Nomination As Good as an Attack on Women and LGBTQ Americans

  1. Reblogged this on It Is What It Is and commented:
    … and the nominee is known!! I’ll let this post explain the many reasons that this nomination is more than many, many steps backwards!!
    One of many … “Supreme Court nominee Brett Kavanaugh is the most “self-serving” selection that Drumpf could have made to protect himself from a criminal investigation.”

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