ICYMI: The case for confirming Kavanaugh
September 4, 2018
Rutledge says, ‘He has a proven record of adhering to the Constitution and the rule of law, ensuring that the liberties of all Americans are protected.’
LITTLE ROCK – Sunday, an op-ed written by Arkansas Attorney General Leslie Rutledge encouraging the confirmation of Supreme Court Justice Nominee Brett Kavanaugh, appeared in the Arkansas Democrat- Gazette.
Very few decisions afforded to the president of the United States have as significant an impact as the nomination of a justice to the Supreme Court. Lifetime appointments mean that justices will likely serve on the Court long after a president leaves the White House, thus ensuring that their judicial philosophy lives on long after their administration.
Following the death of Justice Antonin Scalia, Americans knew that the next president would have at least one Supreme Court appointment, raising the stakes of the election. I am proud to have been an early supporter during President Donald J. Trump’s campaign, having served as a surrogate throughout 2016 and being the only elected official from Arkansas to be a Trump delegate at the Republican National Convention. For me, President Trump was the obvious choice to nominate the next Supreme Court Justice, and he proved himself worthy of that trust when he nominated Justice Neil Gorsuch.
President Trump believes, as I do, that judges must ensure our government does not take actions that violate individual constitutional rights. He promised that if elected he would nominate judges who faithfully interpret and follow the Constitution as written by our founders and not invent constitutional rights by legislating from the bench. And President Trump has fulfilled that promise.
Since he took office, President Trump has nominated outstanding individuals to the courts at every level and at a record pace. President Trump is doing his part to ensure our judiciary is filled with judges who will interpret the law, not invent it.
The president has nominated Judge Brett Kavanaugh to replace retired Justice Anthony Kennedy. I have no doubt that if confirmed to serve on the Supreme Court, Judge Kavanaugh will continue to use his extensive legal education and experience to protect the Constitution.
Judge Kavanaugh has a proven record from his days on the U.S. Court of Appeals for the D.C. Circuit, the country’s most influential federal court of appeals. One example of his commitment to the rule of law is his dissent in Free Enterprise Fund v. Public Company Accounting Oversight Board, where he argued that shielding PCAOB board members from political accountability violated the president’s Article II powers, and the Supreme Court ultimately adopted Judge Kavanaugh’s approach.
Another example is Judge Kavanaugh’s dissent in Garza v. Hargan—a case in which I joined a multi-state brief seeking to protect the life of the unborn—where Judge Kavanaugh argued that the federal government cannot be required to facilitate an abortion on demand for an unaccompanied minor.
I am proud to support the nomination of Judge Kavanaugh. He has a proven record of adhering to the Constitution and the rule of law, ensuring that the liberties of all Americans are protected. In the 2016 election, President Trump promised to nominate well-qualified Americans who will faithfully interpret our Constitution as the founders wrote it, and with this nomination, the president has done just that.
The president has made and kept his promises to the American people, now it is time for the U.S. Senate to do the same: confirm Judge Kavanaugh.