Department of Defense Appropriations Act, 2019

Floor Speech

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Mr. WICKER. Madam President, I rise today to support Judge Brett Kavanaugh and to join the chorus of Members of the Senate and millions of Americans who are coming to the conclusion, as I have, that Judge Kavanaugh will be an excellent addition to the U.S. Supreme Court. He has outstanding qualifications for the Court, but some of my friends on the other side of the aisle are desperately seeking to find an argument--any argument--to derail his nomination.

The latest attempt by my friends on the other side of the aisle is to claim they simply do not have enough information about him to make an informed opinion. Yesterday, the distinguished minority leader of the Senate came to the floor and suggested that Republicans and Judge Kavanaugh are hiding something. This raises the question: How much can you hide about a distinguished judge who has been issuing opinions for 12 straight years on the circuit court of appeals? How much can you hide about that person's legal philosophy?

In the past, my friend Senator Schumer has asserted that the best way to evaluate judicial nominees was to review their judicial record. Perhaps he should follow that advice this year, 2018, in our approach to Judge Kavanaugh. In 2009, when considering Judge Sotomayor's nomination to the High Court, my friend the senior Senator from New York encouraged this body to focus on the nominee's 17-year record as a judge rather than engage in what he called fishing expeditions.

To supplement Judge Kavanaugh's 12-year record of judicial opinions, the Senate is receiving a lot of documents--more than 1 million documents so far, the largest volume of records ever reviewed for any Supreme Court nominee. It is the largest volume of records ever. If our Democratic friends want documents, we have them for our Democratic friends to read.

In addition, Judge Kavanaugh has submitted more than 17,000 pages in response to the Senate Judiciary Committee's questions. The documents that have been turned in from his time in the Bush White House total more than 238,000 pages. Most of these were already available to the public. In comparison, Judge Gorsuch made available 182,000 pages. Justice Kagan, when she was being confirmed, made available 170,000 pages for review. In comparison, Judge Kavanaugh's number is 238,000 pages.

What has changed? I think the American people know what is happening in this debate. The Senate should not be distracted by these stall-and- delay tactics. Instead, let's focus on the fact that Judge Kavanaugh brings with him a respected reputation and legal record. He has written some 300 published legal opinions. Let's use the Schumer rule and judge him on those legal opinions.

Judge Kavanaugh's positions have already been adopted by the Supreme Court. No fewer than 13 times, the Supreme Court has adopted for the law of the land an opinion put forth at the circuit court level by Brett Kavanaugh. I will admit that on one occasion, the Supreme Court partially reversed Judge Kavanaugh. To me, it is better than a 13-to-1 record of being adopted and upheld by the U.S. Supreme Court.

Judge Kavanaugh has earned positive attention and praise for being a good mentor, producing a number of clerks who have gone on to work for the U.S. Supreme Court itself. One of his former clerks wrote in July: ``No court-of-appeals judge in the nation has a stronger, more consistent record than Judge Brett Kavanaugh.'' Indeed, Judge Kavanaugh is known for being thoughtful, principled, and a jurist who will defend conservative values and uphold the sanctity of the Constitution. That is exactly what the American people want. It is exactly what the American people have voted for.

Recently, I had the opportunity to meet with Judge Kavanaugh, like many of my colleagues. I found him to be just as his reputation and record suggested--smart, genuine, approachable, and well qualified to serve on the highest Court of the land. What I have not found in my review of Judge Kavanaugh's qualifications is any indication that he is radical or outside the judicial mainstream, as some of my colleagues might contend.

It is disappointing to see that negative assumptions about Judge Kavanaugh were reached almost immediately after his nomination or even before the nomination took place, well before lawmakers could meet with him or take a serious look at his background. One activist group hastily sent out a press release opposing Judge Kavanaugh before filling in his name. It is clear that the message would have been the same no matter whom President Trump chose--just fill in the blank: Oppose President Trump's nomination of judge blank. He is radical and outside the judicial mainstream.

The American people understand this. The American people also chose President Trump in large part, I believe, to fill the vacancy left by the late Justice Scalia. This was a decision we preserved for the American people on election day. President Trump selected an excellent jurist in Judge Gorsuch, and I am certain Judge Kavanaugh will follow in the same great tradition.

The outside noise involving Judge Kavanaugh should not deter the Senate from upholding its constitutional duty to provide advice and consent on judicial nominees. Frankly, we need to get this done before the first Monday in October, when the new session of the Supreme Court will meet. If we follow the precedence of the last two confirmation processes, we will indeed have plenty of time to do that.

I look forward to our consideration next month of Judge Kavanaugh. I look forward to the hearings, which will deal with his many qualifications for the Supreme Court. I think the American people will be watching, and they will see that he is a jurist capable and willing to do what is right and fair under the law.

A former professor summed it up very well in writing about Judge Kavanaugh for the New York Times. Professor Akhil Reed Amar said this: ``Good appellate judges faithfully follow the Supreme Court; great ones influence and help steer it.'' As a circuit judge, Judge Kavanaugh has influenced the Supreme Court, has steered the Supreme Court. It is now time for him to be elevated to the highest Court in the land, and I support his confirmation.

What is the pending business?

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Mr. WICKER. Thank you.

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