Sen. Mark Warner's opposition to Kavanaugh

Dear spooky3,

Thank you for contacting me regarding your thoughts on President Trump’s nomination of Judge Brett Kavanaugh to serve on the United States Supreme Court. I appreciate having the benefit of your views on this important issue.

On June 27, 2018, Justice Anthony Kennedy announced his retirement from the Supreme Court. Justice Kennedy served as an Associate Justice on the Court for three decades; I thank him for his service, and wish him all the best in his retirement. Following this announcement, on July 9, 2018, President Trump nominated Judge Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit to fill the Supreme Court vacancy. The Senate Judiciary Committee, of which I am not a member, held confirmation hearings for the nominee on September 4, 2018 through September 7, 2018. In mid-September, troubling sexual assault allegations against Judge Kavanaugh were made public. These are serious and concerning allegations, and they must be handled appropriately. A proper investigation into these allegations should be completed, and any votes on his nomination should be delayed until after there is adequate time to hear and evaluate these claims.

Prior to these allegations being made public, I had announced my opposition to Judge Kavanuagh’s nomination. My decision came after studying his record, reviewing the limited documents available, observing his testimony and evasive answers before the Senate Judiciary Committee, and listening to the views of Virginians across the state.

At this pivotal time in our nation’s history, confirmation to fill this Supreme Court vacancy is highly consequential. However, due to unprecedented efforts by the Trump Administration to conceal large portions of Judge Kavanaugh’s record and the nominee’s unwillingness to answer basic questions at his confirmation hearing, I am concerned that much of Judge Kavanaugh's record and judicial philosophy remain a mystery to the American people. Further, Judge Kavnaugh’s past rulings, writings, and answers before the Judiciary Committee lead to the conclusion that, as a Supreme Court justice, Judge Kavanaugh would seek to undermine and possibly overturn Roe v. Wade , fail to protect people with pre-existing conditions, rule against workers’ rights, strike down environmental protections, jeopardize voting rights, and much more.

As the Vice Chairman of the Senate Select Committee on Intelligence, I am also deeply concerned by Judge Kavanaugh’s views on executive power, especially as Special Counsel Mueller continues his federal criminal investigation on the President. In his testimony before the Judiciary Committee, Judge Kavanaugh refused to say whether he thinks it is constitutional for presidents to be investigated, and whether he continues to believe that the president has the power to fire a prosecutor criminally investigating him. In this country, no one, not even the president, is above the law. Should the president’s legal team decide, as they have threatened, to contest that principle in court, it is imperative that the Supreme Court ensure that the president is held accountable.

I recognize that Judge Kavanaugh has dedicated much of his career to public service. However, the stakes are too high for the American people and concerns about the nominee remain – particularly with the recent allegations. I cannot and will not support a nominee who would take this country backwards by undermining our fundamental rights and American values. Please know that I will keep your thoughts in mind regarding this nomination.

For further information, or to sign up for my newsletter, please visit my website at http://www.warner.senate.gov .

Sincerely,
MARK R. WARNER
United States Senator