Brett Kavanaugh Should Not Be Elevated to the U.S. Supreme Court

BOSTON — Statement of Diane Felicio, interim executive director of Community Catalyst, regarding the nomination of Brett Kavanaugh to the U.S. Supreme Court.

“U.S. Supreme Court nominee Brett Kavanaugh should not be elevated to a seat on the high court. Mr. Kavanaugh’s known views on health care, consumer protections, reproductive and civil rights and presidential power are reasons enough to oppose his nomination. But his stunning lack of candor throughout the Senate Judiciary Committee confirmation process and his evasive testimony yesterday following the brave and compelling testimony from Dr. Christine Blasey Ford only add to our concerns and underscore why senators should not vote to confirm Judge Kavanaugh to a lifetime appointment on the highest court in the nation.

“In hours of testimony before the Committee, Dr. Ford detailed credible, deeply troubling allegations of sexual assault by Brett Kavanaugh. She had nothing to gain and everything to lose by coming forward to share her story. It is unconscionable that her allegations have not been properly and fully investigated. This is a lifetime appointment. The standard for such an appointment should be clear demonstration of impeccable and unquestionable character, honesty, temperament and integrity. The confirmation process, as inadequate as it has been to date, has raised serious questions about whether Brett Kavanaugh meets that standard.

“Throughout the hearing process, Mr. Kavanaugh refused to answer specific questions about his views on the Affordable Care Act, bypassing questions about whether he would uphold protections for the one in four Americans who live with pre-existing health conditions. He dodged questions regarding his dissent in a key ruling that upheld the Affordable Care Act and his comments criticizing Chief Justice Roberts’ reasoning for upholding the law. His statements about whether Roe v. Wade is settled law appear to contradict his earlier expressed views, putting a woman’s right to choose in jeopardy. Moreover, Mr. Kavanaugh’s refusal to answer questions about his past comments and rulings related to executive privilege suggest an expansive view of presidential power that is particularly troubling.

“President Trump selected Brett Kavanaugh because he passed a litmus test as someone who would support two of the president’s key priorities: repeal of the Affordable Care Act (ACA) and the overturning of Roe v. Wade. We have heard nothing from Judge Kavanaugh to assure us that he would oppose the president’s dangerous positions on laws that are foundational to Americans’ ability to access the care they need when they need it. Further, his testimony at the recent Judiciary Committee hearing has raised new questions about whether he would be able to rule fairly and impartially on politically charged questions before the Court.

“The vote on Judge Kavanaugh’s nomination is one of the most important and consequential votes Senators will take, as the next justice will shape the direction of the court and the lives of Americans for generations to come. Brett Kavanaugh’s judicial philosophy, his lack of forthrightness during the confirmation process and the persistent and extremely disturbing questions that have been raised about his character all point in the same direction. Brett Kavanaugh is the wrong choice for the Supreme Court.”

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About Community Catalyst

Community Catalyst is a national, non-profit consumer advocacy organization founded in 1998 with the belief that affordable, quality health care should be accessible to everyone. We work in partnership with national, state and local organizations, policymakers, and philanthropic foundations to ensure consumer interests are represented wherever important decisions about health and the health system are made: in communities, courtrooms, statehouses and on Capitol Hill. For more information, visit www.communitycatalyst.org. Follow us on Twitter @healthpolicyhub.