How to Defeat Brett Kavanaugh (Yes We Can!)

If you really don’t want Brett Kavanaugh to be confirmed (and no one should), then stop the protests right now. This is no time to march in the streets before people who will never see you. It’s time to take to the phones. Everyone who has a Republican Senator or a Democratic Senator who is in a tough fight against a far-right Republican challenger needs tons of phone calls telling them why they cannot allow Brett Kavanaugh to be seated on the Supreme Court of the United States. There are 51 Republican Senators and maybe a half-dozen Democratic Senators who may need reminding that this guy is an awful nominee, and if they don’t vote against him, they can forget about getting another term.

That means we cannot just put all our efforts onto Susan Collins and Lisa Murkowski and hope they do the right thing. There is less than a 20 percent chance they will because they’re Republican. 

What’s wrong with Kavanaugh? I can’t touch on everything here, but I’ll get to a lot of it. Well, except for the fact that is fce is almost as punchable as Donny’s. 

For instance, we know about his likely stance on abortion. While he has recently claimed a more moderate stance and he has apparently conned Collins into thinking he’ll treat Roe v. Wade as settled law, he’s not trustworthy. If he joins the court, the right to an abortion will be overturned, which means we’ll return to the old days; a patchwork of states who either ban or allow abortions, which means women of means will get the abortion they want and poor women will too often die. Yes, it is that serious. In fact, if you’ll recall the recent case about the immigrant woman who wanted an abortion – as is her right – Kavanaugh dissented from the ruling in that case, in which the court ruled she was indeed entitled to one, even though Trump immigration officials prevented her from seeing a doctor until it was too late for a legal abortion. At the very least, those progressives with Republican Senators in blue and purple states should be wearing out their phones calling their Senators. The Senate switchboard number is, (202) 224-3121. Get to it.

We also know the real reason Trump appointed him in the first place. Of all the right-wing pseudo-Christian anti-choicers out there to choose from, it’s clear Trump chose him because he has written in the past that a president can’t be sued or charged with a crime while sitting as president, thus placing a president above the law, which would lace Trump on a par with his heroes, Putin, Duterte and Kim. We know the other four right-wing justices (stop calling them “conservatives,” they’re not) are quite political and will go along with anything the Republicans want to do, so Kavanaugh could very well be the swing vote on any number of issues the Mueller probe will bring forth. This would be very dangerous, and not just when it comes to Trump. It would essentially give carte blanche to any future president whose party runs Congress by implying the only way to make a president accountable is through impeachment. Again, if you ever want to hold a president accountable for corruption ever again, call that damn switchboard and hold every Republican to account, at (202) 224-3121

But there are more reasons why Kavanaugh needs to be defeated. For one thing, it was proven during the hearings last week that Kavanaugh perjured himself during the hearings for his appointment to the Circuit Court in 2006. In fact, a criminal complaint has already been filed against him, which means there is a good chance, if he gets the seat, he will face impeachment around the same time as Trump, if not before. The complaint can be seen here: (Source).

Another problem with Kavanaugh could be hazardous to the health of millions. You see, Brett is that he feels the “pre-existing condition” rules in the Affordable Care Act are unconstitutional. This one is less troubling, in a way, because Chief Justice John Roberts has already written a ruling upholding the ACA, but no one has challenged this specific provision previously. That would result in thousands of potential deaths, if insurance companies decide to stop covering people with “pre-existing conditions.”Kavanaugh has also ruled that the birth control mandate in the ACA was an unconstitutional violation of religious rights.  Again, get on the phone and read Republicans in the Senate the riots act, at (202) 224-3121. In particular, target Republican Senators who are retiring and have a beef with Trump. We only have to get a few to vote against Kavanaugh, and they might like to stick a finger in Trump’s eye on their way out.

Kavanaugh also has a long record of ruling against everyday citizens and workers and against the government agencies charged with protecting them. At the same time, he is extremely pro-business. If you think the current gutting of the EPA is bad, keep in mind, Anthony Kennedy often supported them with his swing vote while there are many signs Kavanaugh simply will not. In addition to sniping about the EPA, Kavanaugh also has called the Consumer Financial Protection Bureau’s very existence “unconstitutional”

He is also untrustworthy when it comes to the regulation of nuclear waste. Back in 2013, Kavanaugh and Merrick Garland (you remember him, right?) found themselves on opposite sides of a case regarding the Nuclear Regulatory Commission’s procedures for storing nuclear waste. Kavanaugh wrote that the NRC had wrongly delayed licensing a nuclear waste storage facility in Nevada and Garland wrote a dissenting opinion, suggesting taking longer to make sure a nuclear storage facility was safe was neither a waste of time nor money. (Source

That’s just the surface stuff. Kavanaugh also has a mixed track record when it comes to privacy rights. For example, he rejected a challenge to the NSA’s data collection policies. He also once ruled, in a case that involved law enforcement placing a GPS tracker on a suspect vehicle, that the government may have violated the target’s property rights by tampering with his vehicle. That argument was so compelling, Scalia cribbed it when he ruled that LEOs needed a warrant.In other words, the government can collect all the information it wants from innocent citizens, but it needs a warrant if property rights.

Stop waiting for someone else to get rid of Brett Kavanaugh and keep him off the court. Call the offices of both Senators from your state and record your objection. Make them feel like they’re taking a risk by voting for this asshole. Again, the Senate switchboard is at (202) 224-3121. Call now and call often. The future depends on it.


Also published on Medium.

One Comment

  • bruce_f. says:

    From your article:
    We know the other four right-wing justices (stop calling them “conservatives,” they’re not) ….
    How about we also stop using the title “justices” referring to these clowns?
    Perhaps “… Republicans sitting on the SCOTUS bench?”

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