NLG Sacramento Joins Opposition to Nomination of Brett Kavanaugh to SCOTUS

By Vanguard AdministratorSeptember 5, 201834 comments

(From Press Release) – The resignation of Justice Anthony Kennedy in June 2018 has left an opening for the far right to achieve a clear majority on the Supreme Court. Trump has nominated Brett Kavanaugh, a federal appeals court judge from the conservative legal establishment with a history of partisan politics, contempt for international law, and uncritical deference to Executive power. His confirmation would undermine constitutional protections for millions of people.

The NLG [National Lawyers Guild] opposes the nomination of Kavanaugh, and all the nominees put forth by Trump and his advisers at the Federalist Society and Heritage Foundation. NLG members are currently contacting Senators, speaking in town hall meetings, writing analyses from a critical legal perspective, signing opposition letters from law faculty, and working with other organizations to review documents from Kavanaugh’s time in the Bush Administration.

NLG is a member of Alliance for Justice, which has more information on judicial nominations generally and on Kavanaugh specifically.  We urge our members and supporters to educate themselves on Kavanaugh’s record and to oppose his nomination. In addition, we encourage the Guild and the broader legal community to challenge the right-wing takeover of the courts at every level.

Kavanaugh’s Confirmation Would Have Grave Consequences For Many Communities

During his tenure, Kavanaugh has adjudicated more than 1,500 cases. Please take a look at the non-partisan Congressional Research Service overview of Kavanaugh’s cases. The consumer interest non-profit Public Citizen has compiled an analysis of Kavanaugh’s opinions in split-decision cases.

Opponents of his nomination have compiled information on his decisions related to women’s rights, labor, the environment, and international law as well as many other core human rights issues.

Women’s Rights – The National Women’s Law Center has created a Supreme Court Toolkit to contest Kavanaugh’s nomination. They have also put together a number of fact sheets on his positions on Roe v. Wade, abortion access, birth control, sexual harassment, healthcare, and women’s rights at work.

Labor – Kavanaugh’s nomination was met with swift and strong opposition from the labor movement. Here is a rundown of Kavanaugh’s worst labor cases by the Director of the Labor and Worklife Program at Harvard Law School.

Environment – Environmental groups are deeply concerned about what Kavanaugh’s confirmation would mean for environmental regulations and policies. Earth Justice put together this FAQ to explain how Kavanaugh is likely to affect SCOTUS decisions on the environment.

International Law – Kavanaugh has made no secret of his disregard for international law, as past NLG President Marjorie Cohn has described. When asked about Guantanamo detainees, for example, his response was that international law “doesn’t matter.” He has not referred to human rights in any of his cases, indicating little interest in the obligations of the United States under international human rights agreements.

Other Issues – In addition to these areas of concern, opponents of Kavanaugh have pointed to his record on capital punishment, disability rights, gerrymandering, affirmative action, LGBTQ rights, and much more. Across the board, his confirmation would lead to hard shift to the right in almost all areas.

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34 comments

  1. Brett Kavanaugh is highly qualified for the position and will become the next justice on the SCOTUS.  He’s highly regarded and more qualified than Sotomayor and Kagan who the GOP helped vote for.  Democrats made a mockery of yesterday’s hearing, from other Senator’s trying to disrupt the proceedings to several people in the gallery having to be dragged out.  All they did was embarress themselves and show the rest of the country how unhinged and deranged they’ve become.

    Democrats are just going to have to deal with it and they have Harry Reid to thank.  I told you all that Reid’s decision to go nuclear was going to come back and bite you in the ass.  Once Reid opened the door Mitch Mconnell decided to go nuclear too with SCOTUS.  The chickens have come home to roost.

    1. I disagree with you – but not as you might think. Brett Kavanaugh may or may not be highly qualified for the position, but he should become the next justice because otherwise the US is highly ungovernable. The President gets to select the justices and unless there is something tremendously wrong, the Senate should confirm and certainly shouldn’t vote to not confirm because they disagree. If Democrats want their next justice selected, they’d be wise to let this happen. The fault here lies in Hilary for being a God awful candidate and losing to such a disgraceful human being. That horse is out the barn now and we are all stuck with it.

      1. …. he should become the next justice because otherwise the US is highly ungovernable. The President gets to select the justices and unless there is something tremendously wrong, the Senate should confirm….

        It is a completely politicized process as evidenced by what was done to Merrick Garland, who was fully qualified.
        Kavanaugh may well be confirmed, but if Susan Collins and Lisa Murkowski are actually pro-choice, they should vote against him.

        2. So if a Senator doesn’t agree 100% with Kavanaugh they should vote against him?  So is abortion the only issue that counts, or should they take all of his views into consideration as a whole before making a decision?

          1. Oh, there’s plenty more. The fact that he likely perjured himself in 2006, which would be elucidated in the documents that are being withheld or only released without sufficient time for review; his bizarre personal finances, and his excessively deferential views on presidential powers. Among other issues. But any ostensibly pro-choice senator who votes for him is clearly not actually pro-choice.

        3. Or they’re still pro-choice but are willing to seat Kavanaugh knowing that the alternative down the road could be much worse especially if the Democrats win some key elections.

  2. Even though the economy is soaring, unemployment under control, more people working than at any other time in our country’s history, etc……seating Gorsuch and soon Kavanaugh will go down as Trump’s greatest achievement assuring that the SCOTUS is conservative for many years to come.

  3. Senator Kamala Harris’s yesterday performormance  was very similar to the Attorney General   Jeff Session’s confirmation hearing last years .  Depose and dispose. Senator Harris thinks  she  is still prosecutor not U.S Senator  and was trying to get the plea agreement with the  Confirmation Hearing  Chairmen .   She is something else .  I wrote her letter after I watched her attack aimed at Jeff Session . No respect for  Senior Citizens .

    I wrote to Senator Harris last year;

     

    By attaching President Trump or Attorney General Jeff Sessions to Russia and Russian is more outrageous and ridicules plot I have seen and observed since “Weapons of Mass Destruction “which led to the invasion of Iraq by President Bush administration to dispose Iraqi dictator Saddam Hussein. 
     
      No respect for senior citizens. Depose and dispose them. They are deplorable. The New World Order
      Your unbelievably   aggressive attempt to depose or to dispose the U.S Attorney General Mr. Jeff Sessions also reminded me of the depositions taken from me  by  the vicious and unscrupulous   Littler Mendelson’s Professional Law representing Dynegy Power Corporation in 100 million dollars fraud against PG&E ratepayers committed by Dynegy in 1990-1997. As you probably aware Dynegy together with Enron and others contributed to California electricity crisis, rolling black outs and 40 billion loses for California economy. The all losses never were recovered. However, Dynegy supposedly paid back $280,000,000 to California rate payers according to the California Attorney General office

  5. With more than a little evidence that the POTUS is off his rocker and that the GOP senators who are propping him up are unwilling to act reasonably, I don’t see much of a “Constitutional”way out of this.

    If we get an honest election in November, a new congress may be able to go forward with Trump’s impeachment, and then move to impeach his justices, but that’s another can of worms. I am doubtful of the security of the voting systems. When the POTUS is effectively a Russian agent, I have to wonder…

    1. Supposedly, a good, religious, Catholic.  He will be confirmed, after some angst, but I predict he will be confirmed… unlike Obama’s nominee, who couldn’t even get a hearing, to replace Scalia, because the nomination (according to Republicans) occurred too close to an election… Election Day was 8 months away then… now, less than 60 days… go figure…

      1. Replacing Scalia with Garland would have changed the politics of the court at a time when the country was politically polarized.  Replacing Kennedy with Kavanaugh changes nothing …. edited
        [moderator: edited for language]

        1. Replacing Kennedy with Kavanaugh changes nothing

          Not even remotely true. This is a very consequential appointment with respect to a woman’s right to choose abortion, Guantanamo and torture, executive powers, and the ACA, just to name a few. He is far more conservative than Kennedy. If he wasn’t, you wouldn’t support him.
          Obama had every right to nominate Garland. The arguments used by McConnell and others were complete nonsense; it was just raw politics. Certainly we are, if anything, even more polarized today. And for Trump to appoint someone who might rule on his legal predicaments is quite a significant conflict of interest.

        2. Oh… and nothing the Dem congressional clowns in that hearing are doing, including Booker’s incredibly childish release of classified emails, is NOT going to change the fact that Kavanaugh is going to be the next SCOTUS.

          Trump might appoint a third by the time he is done and if the Senate stays in GOP control and this behavior will just invite a stick it to them attitude.

          1. You do realize that Booker’s act was all for show? He was already cleared to release the information he did. I made the point yesterday that nothing was going to change Kavanaugh getting confirmed, everything on the surface was just for show.

        3. everything on the surface was just for show

          Exactly why I used the term “clowns”.

          We are watching a really bad reality TV program.  I am struggling to understand how and who that type of behavior appeals to.  And if it actually does appeal to any sizeable number of voters, how screwed up the electorate has become.

  7. Remember the ‘golden rule’… those with the gold [and/or voting majorities] make the rules… favorable to Republicans at national level, not so much in CA… a sort of ‘balance’… a sad sort… electeds should be fully ready to put party affiliation aside, to act on behalf of the people… not holding my breath… perhaps why NP folk are the rising “party” in CA, and spreading…

  8. By watching the confirmation hearing , I found very interesting  the Senator Dianne Feinstein’s  question directed to Judge  Kavanaugh about the billions dollars scheme of fraud and tax evasion  entitled ” California Energy Crisis ” which took place two decades ago .

    1. Yes… and begs another question… what was Ms Feinstein doing about it then?

      But, the fraud and tax evasion was real… need more context as to how question was asked, as clearly, Kavanaugh was not involved then… if question is how would he judge the issue today, that would be an unfair question… a ‘hypothetical’… particularly as it might come up in the future…

      Perhaps it was a sideways ‘comment’ about the POTUS successfully drawing away from interest in HIS taxes, which has been SOP for disclosure from most recent presidents… don’t know, can’t speculate…

      1. Senator Feinstein done nothing . Governor Davis addressed the fraud :

         

        Well, my friends, it’s time to wake up.”
         
        “Senator Dianne Feinstein and I have repeatedly urged the Federal Energy Regulatory Commission to use its exclusive powers to lower these record prices. But despite our repeated demands, it has shirked its responsibility to protect ratepayers from this legalized highway robbery.
         
        In fact, this Commission made matters worse when, in December, they lifted the hard price cap, causing the average price per megawatt hour to increase by nearly 900% compared to the same month the year before. That’s like paying 25 dollars for a three-dollar gallon of milk.”

         
         
        From my 154 pages report about:

         

        Perot Systems, Inc., designed the computer software for the California Independent Systems Operator as well as for Power Exchange, both of which controlled the flow of electricity through California’s enormous power grid in the relevant time . In 2002 one of CAISO and CalPX major collaborators in the  fraud named “ California Energy Criss’ the Reliant Energy provided the California Energy Senate Committee a 44 -page copy of document a step -by -step guide or instruction crafted by Perot System Inc, to destabilize the California electricity market and Western States Power Grid .The Perot Systems Inc, a software firm was in 2002 owned by Dallas millionaire Ross Perot.

        By California Attorney Genaral Bill Lockyer words :
         
        ·        “Reliant was one of the Four Horsemen of the Apocalypse who rode in from Texas and ran roughshod over California consumers, taxpayers and businesses,” said Lockyer. “Along with Enron, Dynegy and El Paso Corp., they broke the rules and violated the law.
         
         
        Bill Lockyer forgot what to add what did he  to prevent such occurrence when was California Senate President pro tempore during implementation of California Electricity Reconstructing Act (AB1890)
        Dynegy Power Corporation was a Waszczuk ‘s former employer of which predecessor Destec Energy Inc defrauded in 1989-1997 , PG&E ‘ ratepayers and California Taxpayers of $ 240,000,000 . (see: Attachments # 14-16 & 28-31)
        In 2004 Bill Lockyer’s “ California Parties “ and California Energy Task Force got in 2005 kick -back from Dynegy Power corporation in amount of $ 280,000,000 and in 2005 $460,000,000 from Reliant Energy . Bill Lockyer cashed out for his offices in California approximate $ 20, 000,000 . Lot of bonuses.
        Mayor of La Mesa Art Madrid and his legal team legal to solve the puzzle entitled “ California Energy Crisis “ in was good start but it became a mission impossible when the complaint was transferred to Sacramento County Superior Court and the Court of Appeal , Third Appellate District.

         
        Also in contrary to Waszczuk cases pending in the Sacramento County Superior Court and Third Appellate District Art Madrid did not have information about CAISO and CalPX executives conspiracy with the white collars criminals from University of California who were produced and selling illegally power and evading state and federal taxes in amount of millions of dollars, The University of California paired with Enron CalPX and CAISO and interconnected directly and indirectly with California governor office and almost every state agency and courts of law was an still is a Horsemen of the Apocalypse who rode ran roughshod over California consumers, taxpayers and businesses.
         
        It is unknown and it surprised that that Mayor of La Mesa Art Madrid or his legal team having such information about violation by CAISO , CalPX the California Unfair Business Competition law, Business and Professions Code § 17200 and UNLAWFUL COMMODITY TRANSACTIONS (California Corporations Code§ 29500 et seq.) did no file Petitions with FERC against CAISO and CalPX executives for violation of Federal Power Act and did not turn CAISO and CaPX to U.S Department of Treasury California Franchise Tax Board for not for profit tax exempt status violation .( Section 501(c)(3) of the Internal Revenue Code of 1954 and State of California Revenue and Taxation Code )
         
        In the California Sacramento Superior Court , Court of Appeal , Third Appellate District and California Supreme Art Madrid and his legal team had no chance to achieve anything The CAISO , CalPX executives       and the  greedy for cash power corporations collusive and fraudulent power and trading strategies which were wisely used the provided by Perot System Corporation’s and Paul Gribik’s  especially designed software and guide were well protected by California Attorney’s Bill Lockyer Energy Task Force Team and judges and justices from Sacramento Courts and California Supreme Court .

         

         

  9. Senator Dianne Feinstein with Senator Kamala Harris are working as a  team to knock down Judge Brett Kavanaugh’s  nomination .  Two weeks ago  I sent my 154 pages report to the Chairman of the  Whistleblowing Office to the Committee on the Judiciary of which Senator Chuck Grassley is a Chairman . I will sent the copy of the report  to Senator Dianne Feinstein and Senator Kamala Harris . 
    On August 16, 2013 California Attorney General Kamala D. Harris (Today U.S Senator for announced a $750 million settlement with Power-ex over claims arising from the 2000-2001 California energy crisis. According to testimony submitted by the Attorney General, Power-ex engaged in market gaming by purchasing and exporting to Canada huge quantities of electricity California needed, and selling it back to California at exorbitant prices.
     
    In contrary to AG Bill Lockyer’s announcements about kickbacks from the settlement to lawyers from AG office the Kamala Harris’ announcement did not say how much her California Attorney office got in kickback from Powerex which has been chased for 13 years by AG Bill Lockyer , Jerry Edmund Brown than Kamala Harris .
     
    Because I informed AG Kamala Harris on multi occasions about CAISO’s participation in white collar crime in  join venture with UC mafia then I followed the AG Kamala Harris’s announcement about California Parties settlements with Powerex.
     

    1. “Senator Dianne Feinstein with Senator Kamala Harris are working as a  team to knock down Judge Brett Kavanaugh’s  nomination .”

      no they’re not.

      Senator Feinstein is trying to show the left voters in California she has a backbone in her reelection bid.

      Senator Harris is trying to get the support of the left in order to run for President.

      Neither is under the delusion that they can knock down his nomination.

      2. David

        You are living in very small world . You could do better with your skill. Who and what you trying to defend . ?  California swamp and  rotten deep state on both sides of the aisle . ?  Davis  is very tiny part of the  United States of America. I lived and worked in four different states . I know a little this country and how the corruption smell or stink .

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