Statement of Common Cause President Karen Hobert Flynn
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.
We remain gravely concerned about the Senate Republicans’ efforts to ram through Judge Kavanaugh’s nomination over important objections that go to the heart of each senator’s oath of office, particularly given the cloud that hangs over President Trump and the ongoing Department of Justice investigations into electoral interference. Moving forward offends the constitutional purpose of the Senate, which is to provide its informed advice and consent. It is impossible for the Senate to provide that informed consent at this time. No president, of any party, should see their nominee rushed through under such dangerous circumstances.
The American people’s trust in an independent Supreme Court, and confidence in the rule of law, is at stake.
Last week, Common Cause sent a letter [https://www.commoncause.org/wp-content/uploads/2018/08/Letter-to-Senate-on-Kavanaugh-FINAL-8.31.18-11.21-AM.pdf] urging the Senate to withhold advice and consent on all Supreme Court appointments until more information is made public.