By Natalia Castro
President Trump’s second Supreme Court nominee Judge Brett Judge Kavanaugh has begun his confirmation hearing and two things are already clear: Democrats are ready to obstruct and Judge Kavanaugh is ready to be on the Supreme Court. If you can make it past the occasional shout from a liberal in the gallery claiming the world is ending, you will hear a highly qualified and articulate judge eager to defend the Constitution.
For nearly eight hours on Monday, Democrats and Republicans gave opening statements. Republicans focused on Kavanaugh’s record on the D.C. appellate court and his tenure at Yale University, Democrats repeatedly called for a delay in the hearing for additional time to review documents on Kavanaugh’s time in the White House. This is despite the fact that several of the Democrats on the Judiciary Committee announced their intention to reject Kavanaugh’s nomination before the hearing even began. If they’re already voting no, what more documents do they need to review?
Judge Kavanaugh was finally able to speak at the end of the day with introductory remarks, but the real hearing began Tuesday with questions from the senators on the committee.
Throughout the hearing, Kavanaugh held up his pocket copy of the Constitution and reminded the committee members and the American people that the document is his guide before all else. When asked by committee Chairman Senator Grassley about his interpretation of the law, Judge Kavanaugh discussed the importance of adhering closely to the text of the Constitution and legal statutes.
In his opening statement, Kavanaugh stated, “My judicial philosophy is straightforward. A judge must be independent and must interpret the law, not make the law. A judge must interpret statutes as written. A judge must interpret the Constitution as written, informed by history and tradition and precedent. In deciding cases, a judge must always keep in mind what Alexander Hamilton said in Federalist 83: ‘the rules of legal interpretation are rules of common sense.’ A good judge must be an umpire—a neutral and impartial arbiter who favors no litigant or policy.”
Americans for Limited Government President Rick Manning noted in a press release, “Judge Kavanaugh has vowed to uphold the Constitution, so perhaps it is time for the Senate to review that for a change. The Constitution is the only document that matters when it comes to the confirmation of Judge Kavanaugh, and his adherence to the meaning and intent of the nation’s governing document.”
Conversely, Senator Feinstein, the ranking Democrat on the committee, questioned Kavanaugh on perhaps the most controversial issues of our time: abortion and gun rights.
On Roe v. Wade, the controversial case which legalized abortion, Kavanaugh maintained the traditional answer given by nominees before him, noting that he respects judicial precedent and cannot interject personal beliefs into law.
However, on the issue of firearms, Judge Kavanaugh was much more vocal. Kavanaugh defended the Second Amendment right to bear arms and the precedent established in Heller v. DC, defending individuals right to carry for self-defense. It was a case he heard on the D.C. Circuit Court of Appeals in 2011 before it headed to the Supreme Court. Senator Feinstein brought up the issue of school shootings and pressured Kavanaugh on a response to these tragedies.
This was a critical moment for Kavanaugh to remind the committee and the American people of his role as a member of the judicial branch and not the legislative.
To respond, Kavanaugh noted how his daughter’s school has implemented a range of changes to better protect the students’ safety. He explained that his job is to maintain the constitution, while Congress should work on maintaining the safety of students while respecting their rights.
Judge Kavanaugh continued, “As I said in my last two pages of dissent in Heller, I fully understand the gang violence, the gun violence, the drug violence that has plagued various cities, including Washington, D.C. I understand the issue, but as a judge, my job as I saw it, was to follow the Second Amendment opinion of the Supreme Court, whether I agreed with it or disagreed with it.”
When repeatedly asked about Kavanaugh’s allegiance to President Trump and attitudes toward executive power, Kavanaugh consistently argued that the judiciary must be independent and that he intends to maintain that status.
Despite attacks from the left, Judge Kavanaugh has consistently shown he is an impartial, textual constitutionalist. Now more than ever, as Democrats attempt to enact socialist policy, we must have constitutionalists like Kavanaugh on the Supreme Court who will fight for the values and principles of this country embodied in its governing document, the Constitution. Chairman Grassley and Senate Majority Leader Mitch McConnell must work together to ensure Kavanaugh is confirmed so he may be seated on the bench for the October Supreme Court session.
Natalia Castro is the multimedia manager at Americans for Limited Government.
