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Common Cause is urging every member of the U.S. House of Representatives to vote “yes” in support of the Courthouse Ethics and Transparency Act, HR 5720. The legislation will extend to federal judges, the same conflict of interest reporting requirements that are applied to Members of Congress under the STOCK Act. The letter, sent yesterday to every Member of the House, points to an extensive investigation by The Wall Street Journal that found that over an eight-year period more than 100 federal judges failed to recuse themselves in nearly 700 cases in which they had a financial stake. The letter also notes that Common Cause plans to key-vote this legislation in our Democracy Scorecard, which we send to our 1.5 million members.  

Tonight’s House passage of the George Floyd Justice in Policing Act represents an important step toward reforming our broken criminal justice system. But much, much more remains to be done in the days, and months and years ahead to ensure that every American receives equal justice under the law. We hope that this bill will be strengthened in the Senate because we cannot continue to accept this epidemic of injustice. We must reform the system of injustice that treats Americans differently because of the color of their skin or where they live.

Tonight, under Majority Leader Mitch McConnell’s direction, Senate Republicans did profound damage to the Senate and the Supreme Court of the United States. They subverted the serious and deliberative constitutional obligation that we (and many others) called on them to uphold just 38 days ago. Instead, they rushed through Committee hearings and made a mockery of advice-and-consent by ramming Judge Amy Coney Barrett’s nomination through to a lifetime appointment only eight days before Americans finish voting and after more than 60 million Americans have already voted. In so doing, Senate Republicans excused her incomplete answers to basic questions—demurring on whether “climate change is happening” (it is) and whether voter intimidation violates federal law (it does). They smothered Justice Ginsburg’s “most fervent wish” that her replacement be considered after the election. And they did so at the expense of millions of Americans suffering from the coronavirus pandemic who desperately needed the Senate to negotiate and pass COVID relief legislation.

Initial reports about the brief FBI investigation of sexual assault allegations reek of a whitewash as the Senate scrambles to fill the Supreme Court seat before facing voters in November. Combined with the abbreviated and inadequate document release of Brett Kavanaugh’s professional career and his appearance at last week’s hearing, many questions have been raised about Judge Kavanaugh’s fitness to serve as a Justice and they must be answered.

No senator should be pushing for a vote on Judge Kavanaugh’s nomination to a lifetime seat on the highest court in the land. A vote tomorrow would be reckless and irresponsible. There is not enough information for any senator to provide informed advice and consent.

Americans deserve the whole record of Supreme Court nominee Brett Kavanaugh, not the whitewashed version the Senate Judiciary Committee’s majority has released. As this week’s extraordinary events in the Committee have made clear, this is the least transparent Supreme Court nomination process in our lifetime. Millions of pages of Judge Kavanaugh’s records have been withheld from the Senate and from the public. Many that are in the Judiciary Committee’s possession are still marked “committee confidential,” even though making them public will provide important information to the American people, as questioning by Senators Feinstein, Leahy, Klobuchar, Hirono, Booker, and Harris have made clear. Though the nominee may not recall many of his actions, the records have shown a very different story in some instances. Moreover, in response to probing questions by Sen. Blumenthal, Judge Kavanaugh refused to commit to recusing from cases involving President Trump’s potential criminal and civil liability that may be headed to the Supreme Court.