Democratic activists and lawmakers already are nearly two weeks into their “resistance” of President Trump’s nominee for the U.S. Supreme Court to succeed the retiring Anthony Kennedy, and now they have a name and face for their campaign.
The president announced in the East Room of the White House Monday night his choice to replace Kennedy’s swing vote with a justice he hopes will move the court solidly to the right for a generation is Judge Brett Kavanaugh, 53, of the United States Court of Appeals for the District of Columbia Circuit.
Trump said Kavanaugh has “impeccable credentials” and a commitment to “equal justice under the law.
“In legal circles, he is considered a judge’s judge, a true thought leader among his peers,” the president said, and is “universally regarded as one of the sharpest and finest legal minds of our time.”
The president noted Kavanaugh has authored nearly 300 opinions in his dozen years on the D.C. Circuit “which have been widely admired for their skill, insight and rigorous adherence to the law.”
Among them, he said, are more than a dozen that the U.S. Supreme Court has adopted.
Trump also noted that Kavanaugh is a youth basketball coach, serves meals to needy families and tutors children at elementary schools.
“There is no one in America more qualified for this position and no one more deserving,” Trump said.
Kavanaugh 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, informed by history and tradition and precedent,” he said.
He noted that for the past 11 years, he has taught hundreds of students, primarily at Harvard Law School. He also teaches at Yale and Georgetown.
“I teach that the Constitution’s separation of powers protects individual liberty, and I remain grateful to the dean who hired me, Justice Elena Kagan,” he said. ‘As a judge, I hire four law clerks each year. I look for the best. My law clerks come from diverse backgrounds and points of view. I am proud that a majority of my law clerks have been women.”
A graduate of Yale Law School, Kavanaugh was staff secretary in the Executive Office of the President of the United States under President George W. Bush. He previously served as associate counsel in the Office of Independent Counsel Kenneth Starr, helping draft the Starr report urging President Bill Clinton’s impeachment. He also led the investigation into the suicide of Clinton aide Vince Foster
Kavanaugh, who clerked for Justice Kennedy along with Neil Gorsuch, Trump’s first nominee to the Supreme Court, joined the D.C. Circuit in 2006 after Democrats held up his nomination process for three years.
Some conservative activists have expressed concern about his two decades in Washington. His wife, before they were married, served as personal secretary to President George W. Bush at the same time Kavanaugh was in the White House.
However, Sarah E. Pitlyk, a former law clerk to Kavanaugh who now serves as special counsel for the Thomas More Society, wrote in a National Review column that on “the vital issues of protecting religious liberty and enforcing restrictions on abortion, no court-of-appeals judge in the nation has a stronger, more consistent record than Judge Brett Kavanaugh.”
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Kavanaugh’s remarks in a 1998 Georgetown Law Journal article have been spotlighted because of special counsel Robert Mueller’s investigation of the Trump campaign in the 2016 election.
“Congress should establish that the President can be indicted only after he leaves office voluntarily or is impeached by the House of Representatives and convicted and removed by the Senate,” he wrote.
In 2009, Kavanaugh argued the president shouldn’t be criminally prosecuted or civilly sued while in office.
In a Wall Street Journal column, J.D. Vance, a rising conservative voice who wrote the best-selling “Hillbilly Elegy,” praised Kavanaugh, who was one of his professors at Yale.
“He is a committed textualist and originalist, one whose time on the bench has revealed a unique ability to apply these principles to legal facts,” Vance wrote. “He deeply believes in the constitutional separation of powers as a means for ensuring governmental accountability and protecting individual liberty. From the start of his career, he’s applied the Constitution faithfully, even when that made him a lonely voice. He has done so with particular tenacity on the issue that matters most to the president: taking power away from unelected bureaucrats and returning it to elected officials.”
Former President Bush issued a statement Monday saying said Trump’s choice to nominate Kavanaugh was “an outstanding decision.”
“Brett is a brilliant jurist who has faithfully applied the Constitution and laws throughout his 12 years on the D.C. Circuit,” Bush said. “He will make a superb Justice of the Supreme Court of the United States.”
Kavanaugh was among four finalists with fellow appeals court judges Amy Coney Barrett, Thomas Hardiman and Raymond Kethledge. Their names are on a list of 25 possible nominees vetted by conservative groups.
See video of Trump’s announcement and Kavanaugh’s speech: