Patrick Leahy: Uncover the Truth About Brett Kavanaugh.
President Trumps nominee to the Supreme Court was involved in some of the most politically charged moments of our recent history. The Senate should examine his full paper trail thoroughly.
'With President Trumps selection of Judge Brett Kavanaugh to replace Justice Anthony Kennedy on the Supreme Court, the obligation now falls to the Senate Judiciary Committee to carefully consider this nomination. By any measure, it is a daunting responsibility.
I have served in the Senate for 44 years, a span that includes 19 nominations to the Supreme Court and 20 years as the top Democrat on the Judiciary Committee. From reproductive rights to presidential immunity, health care to marriage equality, I have never seen so much at stake with a single seat.
Like many past nominees, Judge Kavanaugh has impressive academic credentials and judicial experience. But unlike most of his predecessors, Judge Kavanaugh spent much of his career engaged in some of the most partisan fights in our nations recent history including Kenneth Starrs investigation of President Bill Clinton, the Bush v. Gore case and five contentious years in President George W. Bushs administration.
Judge Kavanaugh thus has quite a paper trail over one million pages which the White House was well aware of when he was nominated.
In the coming days Senate Republicans will decide if they support reviewing Judge Kavanaughs entire record. Some are already hedging. And Senator Mitch McConnell is warning that Democrats will pay a political cost if they insist on obtaining Judge Kavanaughs full record, which may delay a vote on his confirmation.
My response: Democrats should not worry. And Senator McConnells complaints about possible delays for a Supreme Court nomination ring hollow after he stonewalled Merrick Garlands nomination to the court in 2016.
The methodical review of a federal court nominees record is not optional. It is the most fundamental part of the Senates constitutional obligation to provide advice and consent. Just last week, such vetting led to the withdrawal of a circuit court nominee with a record of offensive college writings. This process must be even more exhaustive for nominees to our nations highest court. And not long ago it was treated that way on both sides of the aisle.
Republicans need only look back to Justice Elena Kagan who, like Judge Kavanaugh, had served in the White House. As chairman of the Judiciary Committee at the time, I worked with Senator Jeff Sessions, then the committees ranking Republican, to request the full universe of her documents from the Clinton Presidential Library. Crucially, President Barack Obama made no claims of executive privilege. Less than 1 percent of the documents were withheld on personal privacy grounds. And to this day her emails are posted online for the world to see.
I also supported Senator Sessionss request for documents related to military recruitment at Harvard while Justice Kagan was dean of the law school. It was beyond the scope of our committees usual practice. But I agreed with Senator Sessions that the records would be of public interest and therefore ought to be subject to public scrutiny.'>>>
https://www.nytimes.com/2018/07/23/opinion/brett-kavanaugh-supreme-court-senate-patrick-leahy.html?
appalachiablue
(41,118 posts)"From reproductive rights to presidential immunity, health care to marriage equality, I have never seen so much at stake with a single seat."