Climate Change

Floor Speech

Date: Sept. 4, 2018
Location: Washington, DC
Issues: Judicial Branch

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Mr. CASSIDY. Mr. President, I rise to speak about Judge Kavanaugh's nomination to the Supreme Court.

Let me begin by saying the Senate has been hard at work vetting and confirming good judges to the bench. So far, the Senate has confirmed 60 of President Trump's judicial nominees--a historic pace that includes 26 circuit judges, 33 district court judges, and Neil Gorsuch to the Supreme Court. This week, we will confirm even more, as the confirmation process continues for President Trump's second Supreme Court nominee, Judge Brett Kavanaugh.

I would also like to point out, the last week or two, the Democratic minority has been very cooperative with this, appointing good, conservative Republicans to the district and circuit courts, but let me continue about Judge Kavanaugh.

First, let's just say he is well regarded by his peers. He is a mainstream, independent jurist who is extremely well regarded across the political spectrum. All you have to do is look at Judge Kavanaugh's professional career to see why. His record at the Supreme Court as a clerk is stellar. The Supreme Court has adopted positions advanced by his opinions at least 13 times and overruled him only once.

On the DC Circuit Court, Democratic-appointed judges were just as likely to join Judge Kavanaugh's published majority opinions in full as his Republican-appointed colleagues, about 88 percent of the time.

Two of President Obama's Solicitors General praised Judge Kavanaugh, saying he is an ``incredibly brilliant, careful person'' who is ``very gracious . . . on the bench and off.'' One said: ``He carries out all phases of his responsibilities as a judge in the way you'd want, in an exemplary way.''

That said, Judge Kavanaugh is acknowledged as being highly qualified, and even though they are on opposite sides of the aisle, these legal figures respect Judge Kavanaugh's qualifications and depth of experience.

Lisa Blatt, who worked in the Solicitor General's Office for 13 years during the Clinton, Bush, and Obama administrations, said:

Sometimes a superstar is just a superstar. This is the case with Judge Brett Kavanaugh, who had long been considered the most qualified nominee for the Supreme Court if Republicans secured the White House. The Senate should confirm him.

She also said:

I expect my friends on the left will criticize me for speaking up for Kavanaugh. But we all benefit from having smart, qualified and engaged judges on our highest court, regardless of the administration that nominates them.

I have to say, on a personal level, when I met Judge Kavanaugh in my office, I was incredibly impressed. We talked about his views on the role of the judiciary, original intent, and the importance of interpreting the Constitution as written. It was clear he had a deep and thorough grasp of the law, but you don't have to take my word for it, and you don't have to take Lisa Blatt's word. She is not the only one who has attested that Judge Kavanaugh is a legal ``superstar.''

Recently, over 100 students, alumni, and faculty at Yale College wrote that Judge Kavanaugh is a ``distinguished jurist'' with ``deep conviction and integrity.''

The American Bar Association, which Democratic leaders have called their gold standard of judicial evaluations, unanimously rated Judge Kavanaugh as ``well qualified.''

Last week, 144 law professors from around the country wrote to the Judiciary Committee in support of Judge Kavanaugh, saying they ``all agree'' he ``displays outstanding scholarly and academic virtues and that he would bring to the Court an exceptional record of distinction in judicial service.'' These 144 law professors also stated that they are ``impressed by Judge Kavanaugh's long record of teaching and mentoring students of diverse backgrounds.''

As an example, perhaps, members of the Harvard Law School chapter of the Black Law Students Association have been vocal in their support for Judge Kavanaugh, citing the positive impact he has had on their chapter. They know his character. It is the same humility and generosity we all saw just a couple days after he was nominated in July, when he was spotted serving hot meals to the needy alongside other volunteers with Catholic Charities, a ministry he has been a part of for a long time.

I will also say, he is one of the most transparent nominees in history. This is the nominee Senate Democrats labeled ``extreme''? Please. We know most of them announced their opposition to Judge Kavanaugh before his confirmation hearing even started. We also know many of them announced their opposition before he was even named. We know they did so because they want a Supreme Court full of liberal activists who will help them create law instead of following the law.

That is not just Kavanaugh. He is a mainstream, independent jurist who respects the Constitution. He doesn't try to rewrite it for political reasons, to fit his own opinions about the way it should be. That is apparently why Democrats are concocting a new reason every day to explain why they wish to block him. Their latest excuse is they want more time to see documents.

Let's be absolutely clear. Judge Kavanaugh's professional record is the most transparent record the Senate has ever had for a Supreme Court nominee, and it is not even close.

The Senate Judiciary Committee has received more pages of executive branch records for Judge Kavanaugh's nomination than for the last five confirmed Supreme Court nominees combined. The committee has reviewed more than 440,000 pages of documents submitted from Judge Kavanaugh's time in the executive branch--the largest volume of records for any Supreme Court nominee ever.

During his time on the bench, Judge Kavanaugh has authored more than 300 opinions and heard more than 2,000 cases. No less than nine Senate Democrats cited their review of his opinions when they announced weeks ago that they would oppose him. They said they had seen enough of his record. Now we are supposed to believe they want to see more of his record. It is obvious this argument is not in good faith.

Indeed, I think it is fair to say that the Democratic Senators' disruptions show desperation. We see this desperation in some of the most shameful political theatrics we have seen, and those are from the Senate Democrats in the committee hearing today. It is clear they are increasingly desperate to resist this incredibly qualified nominee. They are throwing everything and anything against the wall, but nothing is sticking.

Today, we learned that the Democratic minority leader plotted a coordinated protest strategy over the weekend with his Members, and they all agreed to disrupt and protest the hearing. They would like to think it was a spontaneous outburst of righteousness anger, but indeed it was a planned strategy in order to draw attention to themselves.

I would remind my colleagues across the aisle that this is the United States of America, not a third-world legislative body where they toss decorum out the window, scream, shout, and throw chairs and punches in order to thwart the legislative process.

Those who are interested in preserving and protecting our democratic process and institutions should shun the chaos Senate Democrats appear intent upon creating. In this country, we debate ideas and nominees on the merits. I urge my colleagues to do just that. If they do, I am confident they will understand the broad support, the justified support Brett Kavanaugh has for his nomination to the Supreme Court.

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