On Monday evening, President Trump announced his nomination for the U.S. Supreme Court: Brett Kavanaugh.
Judge Kavanaugh has served 12 years on the U.S. Court of Appeals for the District of Columbia, one of the most prestigious courts in the nation as it oversees many of our top federal agencies. By comparison, Antonin Scalia was on the D.C. Circuit for only four years when he was nominated for the Supreme Court. Judge Kavanaugh has issued more than 300 opinions, 11 of which have been affirmed by the High Court, and clerked for the very man he has been nominated to replace, Justice Kennedy, on the Supreme Court.
Without a doubt, Judge Kavanaugh is extremely well-qualified for this position and should be confirmed by the U.S. Senate.
In his speech accepting the President’s nomination, Judge Kavanaugh made clear he does not intend to answer to anything or anyone other the the U.S. Constitution as it is written. He said:
“A judge must be independent and must interpret the law, not make the law. A judge must interpret statutes as written, and a judge must interpret the Constitution as written.”
No matter what your political affiliation, his words should give comfort. He retains full understanding of the critical separation of the three branches of government to ensure our Liberty.
Within seconds of the announcement, the left deployed millions of dollars and shouted loud cries of “Foul” from the Supreme Court steps. Disappointingly, there are those within our own ranks who did the same, largely leaning on a 2015 case in which he did just as he has pledged to do: interpret the law as written.
While some obstructionists claim Judge Kavanaugh wrote that “a collection of records” did not constitute a “search” under the Fourth Amendment, there is a key word missing in their off-base analysis.
Judge Kavanaugh wrote the Fourth Amendment, in regards to collection of metadata, does not bar all searches and seizures. It bars only unreasonable searches and seizures. In this vein, he interpreted the Constitution as written, maintaining based on the facts that were presented to him that these searches were reasonable in order to protect national security.
Whatever his personal or politician opinion on the issue before him (which we don’t know and further proves he is an excellent judge) Judge Kavanaugh put it aside and put the Constitution first. That is the standard of excellence demanded by the High Court.
I served as an attorney for two decades. Anytime I argued a case before the court, I never knew whether the judge before me was appointed by a Democrat or a Republican. There are no red or blue robes, only black, and that is the way it should be.
The bottom line: We have a once-in-a-generation opportunity to solidify a Supreme Court who understands their role is to interpret the law as it is written in the U.S. Constitution, not advocate for a political agenda.
This approach is welcome and ensures our rights are protected, including life, the 2nd Amendment, and more. We would be remiss to join the ranks of the left who deem Judge Kavanaugh unworthy of this seat and will do everything in their power to see his nomination defeated.
I fully support President Trump’s choice for the U.S. Supreme Court and look forward to my colleagues in the Senate using their rescinded August recess to swiftly confirm Judge Kanavaugh.